No.02-3805 STEPHEN SHAPIRO v. Prudential Insurance Company of America

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No.02-3805
______________
STEPHEN SHAPIRO
Appellant
v.
PRUDENTIAL INSURANCE COMPANY OF AMERICA
Appeal from the United States District Court
for the District of New Jersey
(D.C. Civil Action No. 99-CV-04325)
District Judge: Honorable Dennis M. Cavanaugh
______________________
Submitted Under Third Circuit LAR 34.1(a)
on June 16, 2003
Before: ALITO, ROTH, and HALL* , Circuit Judges
____________________
*The Hon. Cynthia H. Hall, Circuit Judge for the United States Court of Appeals
for the Ninth Circuit, sitting by designation.

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ORDER AMENDING OPINION
ROTH, Circuit Judge
IT IS ORDERED that the Not Precedential Opinion in the above case filed
October 28, 2003, be amended as follows:
On page 4, second to last sentence in the last paragraph after “experience”.
Please insert this sentence “Because Prudential both funds and administers the benefits at
issue here, its decision to terminate benefits is reviewed under a ‘heightened arbitrary and
capricious standard.’ Pinto v. Reliance Standard Life Ins. Co., 214 F.3d 377, 378 (3d Cir.
2000).
By the Court,
/s/ JANE. R. ROTH
Circuit Judge
Dated: January 7, 2004
RLS/cc: SJH
CHP
HLM
CAR

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