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HALBACH v. GREAT-WEST LIFE & ANNUITY INS. CO.

Nos. 07-3865, 07-3867.

561 F.3d 872 (2009)

Heather HALBACH, as personal representative of the estate of John Lewis, and on behalf of a class of long-term disability recipients denied benefits under defendants' health insurance plans; Barbara Schield, on behalf of a class of long-term disability recipients denied benefits under defendants' medical, dental, vision, prescription drug, and life insurance plans, Appellees/Cross-Appellants, v. GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY; Great-West Life & Annuity Insurance Company Employee Welfare Benefit Plan; Great-West Life & Annuity Company Employee Health & Welfare Plan; Great-West Life & Annuity Insurance Company Flexible Benefits Plan; Great-West Life Staff & Agents' Plan, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 13, 2009.

Attorney(s) appearing for the Case

Waldemar Jacob Pflepsen, Jr., argued, Washington, DC, Stephen H. Goldberg, Robin Sanders, on the brief, Washington, DC, Bradley J. Baumgart, on the brief, Kansas City, MO, for appellants/cross-appellees.

Mark Alan Potashnick, argued, St. Louis, MO, Sheldon Weinhaus, on the brief, St. Louis, Mo, for appellees/cross-appellants.

Before GRUENDER, BEAM and SHEPHERD, Circuit Judges.

BEAM, Circuit Judge.

Great-West Life & Annuity Insurance Company appeals from the district court's grant of summary judgment reinstating benefits in favor of a class of disabled employee claimants ("Plaintiffs") receiving long-term disability benefits under an employee benefit plan provided by the company (the Plan). Plaintiffs cross-appeal, challenging the relief, or lack thereof, awarded them by the district court. Although we find that Great-West properly amended...

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