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CROSBY v. LOUISIANA HEALTH SERVICE AND INDEM. CO.

No. 10-30043.

647 F.3d 258 (2011)

Jete CROSBY, Plaintiff-Appellant, v. LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY, doing business as Blue Cross and Blue Shield of Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 2011.

Attorney(s) appearing for the Case

Gary J. Gambel (argued), Michael David Letourneau , Murphy, Rogers, Sloss & Gambel, Jennifer N. Willis (argued), Willis & Buckley, A.P.C., New Orleans, LA, for Plaintiff-Appellant.

Richard John Tyler (argued), Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, LA, Charles Andrew O'Brien , Senior Attorney, Blue Cross & Blue Shield of Louisiana, Baton Rouge, LA, for Defendant-Appellee.

Before DeMOSS, BENAVIDES and ELROD, Circuit Judges.

HAROLD R. DeMOSS, JR., Circuit Judge:

The petition for rehearing en banc is denied. We, however, withdraw our previous opinion in this matter, Crosby v. Louisiana Health Service and Indemnity Company, 629 F.3d 457 (5th Cir.2010), and substitute the following opinion.

Appellant Jete Crosby appeals the district court's summary judgment on her Employee Retirement Income Security Act of 1974 (ERISA) claim to recover denied...

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