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BARBOZA v. CALIFORNIA ASS'N OF PROF. FIREFIGHTERS

Nos. 11-15472, 11-16082, 11-16024, 11-16081.

799 F.3d 1257 (2015)

David BARBOZA, Plaintiff-Appellant, v. CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellees. David Barboza, Plaintiff-Appellant, v. California Association of Professional Firefighters, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellees. David Barboza, Plaintiff-Appellee, v. California Association of Professional Firefighters, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellants. David Barboza, Plaintiff-Appellee, v. California Association of Professional Firefighters, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation; Kenneth Blanton; Dennis Campanale; Gene Dangel; James Floyd; Charles Gluck; Brian Pinomaki; William Soqui, individually and as Plan Directors, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2015.

Amended August 28, 2015.

Attorney(s) appearing for the Case

Geoffrey V. White (argued), Law Office of Geoffrey V. White, San Francisco, CA, for Plaintiff-Appellant/Cross-Appellee.

Brendan J. Begley (argued) and Louis A. Gonzalez, Jr. , Weintraub Tobin Chediak Coleman Grodin, Sacramento, CA, for Defendants-Appellees/Cross-Appellants.

Marcia E. Bove (argued), Senior Trial Attorney; M. Patricia Smith , Solicitor of Labor; Timothy D. Hauser , Associate Solicitor, Plan Benefits Security Division; Elizabeth Hopkins , Counsel for Appellate and Special Litigation; and Alex Felstiner, Attorney, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Amicus Curiae Thomas Perez, Secretary of Labor.

Before: JOHN T. NOONAN and SANDRA S. IKUTA, Circuit Judges and WILLIAM H. ALBRITTON III, Senior District Judge.

ORDER AND OPINION

ORDER

The opinion filed April 7, 2015, and appearing at 782 F.3d 1072, is hereby amended. The superseding amended opinion will be filed concurrently with this order.

With these amendments, the panel has unanimously voted to deny the parties' cross...

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