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PORTER v. LOWE'S COMP'S, INCOR.'S BUS. TRAVEL

No. 12-60683.

731 F.3d 360 (2013)

Josh PORTER, Individually and on behalf of all wrongful death beneficiaries of Elizabeth A. Porter, Plaintiff-Appellee Cross-Appellant v. LOWE'S COMPANIES, INCORPORATED'S BUSINESS TRAVEL ACCIDENT INSURANCE PLAN; Gerber Life Insurance Company, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 24, 2013.

Attorney(s) appearing for the Case

Sean R. Guy, Esq. , W. Thomas McCraney, III , McCraney, Montagnet, Quin & Noble, P.L.L.C, Ridgeland, MS, for Plaintiff-Appellee Cross-Appellant.

Thear Jules Lemoine , James G. Wyly, III, Esq. , Phelps Dunbar, L.L.P., Gulfport, MS, Anna M. Martin , William Bernard Reilly , Joseph M. Rimac, Jr., Esq. , Rimac & Martin, San Francisco, CA, William Brett Harvey , Phelps Dunbar, L.L.P., Jackson, MS, for Defendant-Appellants Cross-Appellees.

Before DAVIS, JONES, and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff Josh Porter brought suit against Defendants Lowe's Companies, Incorporated's Business Travel Accident Insurance Plan, and Gerber Life Insurance Company to challenge the Plan Administrator's denial of benefits under an ERISA Plan. The district court granted relief from that denial and awarded benefits, concluding that the Plan Administrator had abused its discretion. Because we find...

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