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SZNEWAJS v. U.S. BANCORP AMENDED AND RESTATED

No. 07-16489.

572 F.3d 727 (2009)

Franciene SZNEWAJS, Plaintiff-Counter-defendant Appellee, v. U.S. BANCORP AMENDED AND RESTATED SUPPLEMENTAL BENEFITS PLAN, Defendant-Counterclaimant-Appellant, Robert Sznewajs; Virginia Sznewajs, Counter-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2009.

Attorney(s) appearing for the Case

Michael W. Droke (argued) and Jennifer C. Berry, Dorsey & Whitney LLP, Seattle, WA, for the defendant-counter-claimant-appellant.

Timothy Berg, David N. Heap, and Janice Procter-Murphy (argued), Fennemore Craig, P.C., Phoenix, AZ, for the plaintiff-counter-defendant-appellee.

Before: MELVIN BRUNETTI, GLENN L. ARCHER and RICHARD R. CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

This case concerns, among other issues, the standard of review to be applied by courts in reviewing a decision by the administrator of a pension plan governed by ERISA, the Employee Retirement Income Security Act of 1974, 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq. As is commonly the case, the documents for the plan involved in this case gave the plan administrator discretionary authority to interpret the terms of the plan...

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