United States Ninth Circuit

Because waiver was neither properly pled by defendant pursuant to FRCP rule 8(c), nor properly amended by the district court under rule 15(b), plaintiff is entitled to residual disability benefits for the period of August 1996-August 1997.

Appellate Information

• Argued 10/24/2003
• Decided 01/09/2004
• Published 01/09/2004

Judges

• Before KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Frederick C. Berry, Jr.,Frederick C. Berry, Jr., P.C., Phoenix, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Scott Bales, Lewis and Roca LLP, Phoenix, AZ, for the defendant-appellee.