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BARBOZA v. CAL. ASS'N OF PROFESSIONAL FIREFIGHTERS

No. 09-16818.

651 F.3d 1073 (2011)

David BARBOZA, Plaintiff-Appellant, v. CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, a California corporation; California Association of Professional Firefighters, Long-Term Disability Plan; California Administration Insurance Services, Inc., a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2011.

Attorney(s) appearing for the Case

Geoffrey V. White (argued), Law Office of Geoffrey V. White, San Francisco, CA, for the appellant.

Brendan J. Begley (argued), Weintraub Genshlea Chediak, Sacramento, CA, for the appellees.

Marcia Bove (argued), United State Department of Labor, Washington, D.C., for amicus curiae the Secretary of Labor.

Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

WALLACE, Senior Circuit Judge:

David Barboza appeals from the district court's summary judgment in favor of the California Association of Professional Firefighters, that Association's Long-Term Disability Plan, and the California Administration of Insurance Services, Inc. (collectively the Plan). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand for further proceedings.

I.

In March 2008, Barboza filed...

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