Bancorp loan originators and that she should therefore immediately contact Knutson. Bancorp did advise her, however, that Knutson had agreed to offer continued employment to all U.S. Bancorp terminated her employment because she did not return to work. Rekstad exhausted her administrative appeals, U.S. Bancorp sold its Colorado mortgage offices to Knutson M ortgage ( Knutson ). Rekstad administratively appealed that decision and was again denied further benefits. Rekstad continued to receive longterm disability benefits until February 1996 when ITT sent her a letter explaining that she no longer met the Plan s definition of total disability. She explained that injuries she suffered therefrom rendered her totally disabled and that she needed to continue her longterm disability benefits under the Plan. Bancorp that, on June 9, 1995, she was involved in an automobile accident. Rekstad her previous position of employment. Bancorp s agent with respect to the administration, management and payment of the benefits described in the Plan that she was medically cleared. He in turn informed ITT Hartford ( ITT ) U.S. Rekstad s ankle had healed sufficiently so that she could return to work. 2- and eventually long-term disability benefits pursuant to the Plan. But for ease of understanding, this opinion refers only to U.S. After an ankle injury in November 1993, she could not work for a period of time and therefore received short-term 1 At many times in this case s factual chronology, First Bank was the actual entity involved. Bancorp 1 as a loan originator and took part in the Plan, which it administered and insured. and First Bank Systems Long-Term Disability Plan, respectively, appeal from the district court s grant of summary judgment in favor of Plaintiff-Appellee Denise Rekstad on her claim for disability benefits under the Employee Retirement Income Security Act of 1974 ( ERISA ), 29 U.S.C. Bank Long Term Disability Plan, (the Plan ), successors in interest to First Bank Systems, Inc. Before KELLY, SE YM OU R, and HA RTZ, Circuit Judges. Johnson, with him on the briefs), D orsey & W hitney, L.L.P., Denver, Colorado, for Defendants - A ppellants U.S. Dietze, on the brief), Dietze and Davis, P.C, Boulder, Colorado, for Plaintiff - Appellee. A PPE AL FR OM T HE UNITED STATES DISTRICT COURT FOR T HE DISTRICT OF COLORADO (D.C. BANK LO N G TER M D ISA BILITY PLAN, form erly know n as FIR ST B ANK SYSTEM LON G TERM DISABILITY PLAN (Plan #509), Defendants - Appellants, and FBS M ORTGAGE CORPORATIO N, a Nevada corporation doing business as Colorado National M ortgage C orporation K N U TSO N M ORTGAGE CORPORATIO N, a Delaware Corporation, Defendants. BANCORP, formerly doing business as First Bank System, Inc., a D elaw are corporation, and U. Shumaker Clerk of Court TENTH CIRCUIT D EN ISE R EK STA D, Plaintiff - Appellee, No. F I L E D United States Court of Appeals Tenth Circuit PUBLISH JUNITED STATES CO URT O F APPEALS Elisabeth A.
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