DENMARK v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

No. 05-2877.

530 F.3d 1020 (2008)

Diane DENMARK, Plaintiff, Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, and The Genrad, Inc. Long Term Disability Plan, through Teradyne, Inc., as Successor Fiduciary, Defendants, Appellees.

United States Court of Appeals, First Circuit.

July 2, 2008.


Attorney(s) appearing for the Case

Jonathan M. Feigenbaum, Phillips & Angley, Boston, MA, for Plaintiff, Appellant.

Ashley B. Abel, Jackson Lewis, Greenville, SC, Andrew C. Pickett, Jackson Lewis, Mala M. Rafik, S. Stephen Rosenfeld, Rosenfeld & Rafik, Boston, MA, Eugene R. Anderson, Anderson Kill & Olick, New York, NY, Amy Bach, Law Offices of Amy Bach, Mill Valley, CA, Daniel J. Healy, Rhonda D. Orin, Anderson Kill & Olick, Jay E. Sushelsky, American Association of Retired Persons, Litigation Dept., Carolyn Doppelt Gray, Teresa L. Jakubowski, Barnes & Thornburg LLP, Washington, DC, for Defendants, Appellees.

Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.


ORDER OF COURT

The appellant filed a petition for en banc rehearing, which we also construe as a petition for panel rehearing. See First Circuit Internal Operating Procedure X(C). In light of the Supreme Court's decision in MetLife v. Glenn, ___ U.S. ___, 128 S.Ct. 2343, ___ L.Ed.2d ___ (2008), the petition for panel rehearing is granted, and the petition for rehearing en banc is dismissed as moot, without prejudice to refiling after the panel's further...

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