Thomas v. Canadian Life Ins Co

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30033
Summary Calendar
PAMELA THOMAS,
Plaintiff-Appellant,
versus
CANADIAN LIFE INSURANCE CO. ET AL.,
Defendants,
CANADA LIFE ASSURANCE CO.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 00-CV-1055
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October 28, 2002
Before JONES, STEWART, and DENNIS, Circuit Judges
PER CURIAM:*
Pamela Thomas appeals the district court’s grant of summary
judgment in favor of the defendant, Canada Life Assurance Company
(Canada Life), on her claim under the Employee Retirement Income
Security Act of 1974. She asserts that Canada Life erred in
denying her long-term disability benefits. We have reviewed the
record and hold that Thomas has failed to show that Canada Life

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No. 02-30033
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abused its discretion in determining that she was not totally
disabled under the plan. See Meditrust Fin. Servs. Corp. v.
Sterling Chems., Inc., 168 F.3d 211, 214 (5th Cir. 1999).
Consequently, the judgment of the district court is AFFIRMED. We
also deny Canada Life’s request for attorneys’ fees incurred on
appeal. See Iron Workers Local No. 272 v. Bowen, 624 F.2d 1255,
1266 (5th Cir. 1980).
AFFIRMED.

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