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GRAEBER v. HEWLETT PACKARD CO. EMPLOYEE BENEFITS

No. C 05-01124 CRB.

421 F.Supp.2d 1246 (2006)

Roger GRAEBER, Plaintiff, v. THE HEWLETT PACKARD COMPANY EMPLOYEE BENEFITS ORGANIZATION INCOME PROTECTION PLAN, et al., Defendants.

United States District Court, N.D. California.

March 16, 2006.

Attorney(s) appearing for the Case

Robert Burton Nichols, Jr., San Francisco, CA, for Plaintiff.

Andrew Cameron Sullivan, Nicole A. Diller, Morgan, Lewis & Bockius, LLP, San Francisco, CA, for Defendants.

MEMORANDUM AND ORDER

BREYER, District Judge.

This ERISA lawsuit challenges the termination of plaintiff's long-term disability benefits.

BACKGROUND

A. The ERISA Plan

This is a dispute about coverage under the Agilent Technologies, Inc. Disability Plan ("the Plan"). The Plan provides that

[t]he Company is the named fiduciary which has the discretionary authority to act with respect to any appeal from...

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