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PREZIOSO v. PRUDENTIAL INS. CO. OF AMERICA

No. 13-1641.

748 F.3d 797 (2014)

Michael PREZIOSO, Plaintiff-Appellant v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2014.

Rehearing and Rehearing En Banc Denied May 15, 2014.

Attorney(s) appearing for the Case

Denise Yegge Tataryn , argued, Edina, MN ( KrisAnn Norby-Jahner , on the brief), for Appellant.

Patrick C. DiCarlo , argued, Atlanta, GA, ( Emily Seymour Costin , on the brief, Washington, DC), for Appellee.

Before WOLLMAN, LOKEN, and KELLY, Circuit Judges.

LOKEN, Circuit Judge.

Michael Prezioso brought this action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), claiming that The Prudential Insurance Company of America ("Prudential") wrongly denied him long term disability ("LTD") benefits under a group policy sponsored by his former employer, Vertis, Inc. ("Vertis"). Prezioso appeals the district court's1

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