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HORN v. PROVIDENT LIFE & ACC. INS. CO.

No. C 04-0589 MHP.

351 F.Supp.2d 954 (2004)

Lawrence HORN, Plaintiff, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY; Unumprovident Corporation; California Teachers Association Group Salary Protection Insurance Plan, Defendants.

United States District Court, N.D. California.

December 13, 2004.

Attorney(s) appearing for the Case

Daniel Mark Feinberg, Lewis, Feinberg, Renaker & Jackson, Oakland, CA, Berne Reuben, Hersh & Hersh, San Francisco, CA, for Plaintiff.

Russell H. Birner, Gail Ellen Cohen, Barger & Wolen LLP, Stuart Libicki, Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, CA, for Defendants.

OPINION

PATEL, District Judge.

Plaintiff Lawrence Horn filed this action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., seeking review of defendants' calculation of his disability benefits. Now before the court are the parties' cross-motions for summary adjudication as to the issue of what standard of review this court should apply in its evaluation of defendants' decision denying plaintiff's request...

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