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FOUGHT v. UNUM LIFE INS. CO. OF AMERICA

No. 02-2176.

379 F.3d 997 (2004)

Shirley O. FOUGHT, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 13, 2004.

Attorney(s) appearing for the Case

Robert P. Warburton (Ray M. Vargas, II, with him on the briefs), Sheehan, Sheehan & Stelzner, P.A., Albuquerque, NM, for Plaintiff-Appellant.

Kathryn D. Lucero (Kerri L. Peck, with her on the brief), Foster, Johnson, McDonald, Lucero, Koinis, LLP, Albuquerque, NM, for Defendant-Appellee.

Before TACHA, Chief Judge, McKAY, and HENRY, Circuit Judges.

ORDER

This matter is before the court on appellee's Petition For Rehearing and Suggestion for Rehearing En Banc. The request for panel rehearing is granted. The per curiam opinion filed on February 6, 2004 is vacated, and the attached revised opinion is substituted in its place.

In light of the substantial revisions made by the panel, however, we will suspend local rule 40.3, which prohibits successive rehearing petitions. See Fed. R.App. P. 2 (giving...

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