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DEMER v. IBM CORP. LTD PLAN

No. 13-17196.

835 F.3d 893 (2016)

Daniel G. DEMER, Plaintiff-Appellant, v. IBM CORPORATION LTD PLAN; Metropolitan Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2016.

Attorney(s) appearing for the Case

Michelle L. Roberts (argued), Roberts Bartolic LLP, Alameda, California; Barry Kirschner (argued), Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., Tucson, Arizona; for Plaintiff-Appellant.

Michelle McAloon Constandse (argued), Metropolitan Life Insurance Company, Irvine, California; James K. Mackie , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Tucson, Arizona, for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge Bybee.

OPINION

Plaintiff-Appellant Daniel G. Demer filed suit, pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), against Defendants-Appellees IBM Corporation LTD Plan (the "Plan") and Metropolitan Life Insurance Company ("MetLife"). Mr. Demer claimed that MetLife, the claim administrator and insurer...

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