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DARVELL v. LIFE INS. CO. OF NORTH AMERICA

No. 09-1058.

597 F.3d 929 (2010)

Jerry B. DARVELL, Appellant, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2010.

Attorney(s) appearing for the Case

James W. Balmer, argued, Duluth, MN (Stephanie M. Balmer, on the brief), for Appellant.

Daniel K. Ryan, argued, Chicago, IL (Stephen Swofford, Chicago, IL, Shushanie E. Kindseth, Peter L. Crema, on the brief, Minneapolis, MN), for Appellee.

Before COLLOTON and BENTON, Circuit Judges, and PIERSOL, District Judge.

BENTON, Circuit Judge.

Jerry B. Darvell was denied long-term disability benefits by Life Insurance Company of North America ("LINA"). The district court2 granted LINA's motion for summary judgment, finding that it did not abuse its discretion in determining that he was not disabled. Darvell appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

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