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WILLCOX v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 08-1311.

552 F.3d 693 (2009)

Theresa WILLCOX, Plaintiff-Appellee, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 12, 2009.

Attorney(s) appearing for the Case

Vincent John Ella, argued, Minneapolis, MN, Ashley B. Able and Robert M. Wood, on the brief, Greenville, SC, for appellant.

Matthew Bruce Newman, argued, Savage, MN, for appellee.

Before MURPHY, HANSEN, and RILEY, Circuit Judges.

MURPHY, Circuit Judge.

Theresa Willcox brought this action against Liberty Life Assurance Company of Boston (Liberty Life) pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), alleging that Liberty Life had wrongfully denied her claim for long term partial disability benefits. Both sides moved for summary judgment, and the district court1 granted Willcox's motion after concluding that Liberty Life had abused its discretion...

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