Thomas v. Canadian Life Ins Co

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 29, 2002
• Docket: 02-30033
• Status: Unpublished

Opinion

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.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 00-CV-1055 -------------------- 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-30033 -2-

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.