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THOMAS v. OREGON FRUIT PRODUCTS CO.

No. 98-36065.

228 F.3d 991 (2000)

Robert THOMAS, in his capacity as the personal representative of the Estate of Carol Thomas, Plaintiff-Appellant, v. OREGON FRUIT PRODUCTS COMPANY, an Oregon corporation; Reliance Standard Life Insurance Company, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2000.

Attorney(s) appearing for the Case

J. Michael Alexander, Burt, Swanson, Lathen, Alexander & McCann, PC, Salem, Oregon, for the plaintiff-appellant.

R. Daniel Lindahl, Bullivant, Houser, Bailey, Portland, Oregon, for the defendants-appellees.

Before: SCHROEDER, HAWKINS and FISHER, Circuit Judges.

FISHER, Circuit Judge:

Carol Thomas appeals the district court's determination that Reliance Standard Life Insurance Company ("Reliance") did not abuse its discretion in denying her application for long-term disability benefits.1 On appeal, Thomas' principal arguments are that the district court applied an incorrect standard of review—abuse of discretion, rather than de novo—and that she had a right to a trial by jury...

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