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CARDOZA v. UNITED OF OMAHA LIFE INS. CO.

No. 12-2033.

708 F.3d 1196 (2013)

Jose CARDOZA, Plaintiff-Appellee, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 27, 2013.

Attorney(s) appearing for the Case

Steven T. Collis , Holland & Hart, LLP, Greenwood Village, CO ( Michael S. Beaver , Holland & Hart, LLP, Greenwood Village, CO, and Marcy G. Glenn , Holland & Hart, LLP, Denver, CO, with him on the briefs), for Defendant-Appellant.

David L. Duhigg , Duhigg, Cronin, Spring & Berlin, P.C., Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, MURPHY, and GORSUCH, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Jose Cardoza brought this lawsuit pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 to § 1461 ("ERISA"), challenging United of Omaha Life Insurance Company's ("United of Omaha") calculation of his long-term disability benefits ("LTD benefits"). United of Omaha answered, asserting its calculation was appropriate, and counterclaimed, demanding that Cardoza reimburse it for payments...

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