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LAMANTIA v. VOLUNTARY PLAN ADMINISTRATORS

No. 03-15706.

401 F.3d 1114 (2005)

Karen LAMANTIA, Plaintiff-Appellee, v. VOLUNTARY PLAN ADMINISTRATORS, INC.; Hewlett-Packard Company Employee Benefits Organization, Defendants, and Hewlett-Packard Company Employee Benefits Organization Income Protection Plan, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2005.

Attorney(s) appearing for the Case

Mark A. Perry, Esq., Paul DeCamp, Esq., Washington, DC, Joseph P. Busch III, Esq., Susan B. Burr, Esq., Gibson, Dunn & Crutcher LLP, Palo Alto, CA, for the appellant.

Peter Stubbs, Esq., Sacramento, CA; Richard J. Chiurazzi, Esq., Mastagni, Holstedt & Amick, Sacramento, CA, for the appellee.

Before HALL, BRUNETTI, and GRABER, Circuit Judges.

BRUNETTI, Circuit Judge.

Defendant Hewlett-Packard Company Employee Benefits Organization Income Protection Plan ("the Plan") appeals the district court's grant of summary judgment in favor of plaintiff Karen LaMantia awarding her disability benefits. The Plan argues that the district court committed three errors in holding that LaMantia's complaint was timely, in applying the treating physician rule, and by reviewing the claims administrator's decision under a

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