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SALOMAA v. HONDA LONG TERM DISABILITY PLAN

No. 08-55426.

642 F.3d 666 (2011)

Samuel SALOMAA, Plaintiff-Appellant, v. HONDA LONG TERM DISABILITY PLAN, an Erisa Plan, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2011.

Amended May 26, 2011.

Attorney(s) appearing for the Case

Charles J. Fleishman , Northridge, CA, for the appellant.

Melissa M. Cowan , Burke, Williams & Sorensen, LLP, Los Angeles, CA, for appellee.

Opinion by Judge KLEINFELD; Dissent by Judge HALL.

ORDER

The opinion filed on March 7, 2011 is amended as follows:

At 3202 of the slip opinion, strike the following sentence:

This "any reasonable basis" test is no longer good law.

Replace with:

This "any reasonable basis" test is no longer good law when as in this case an administrator operates under a structural conflict of interest.

The amended opinion is filed concurrently with this Order. With this amendment...

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