17 Employee Benefits Cas. 1888, Pens. Plan Guide P 23893e Morris J. Taft v. The Equitable Life Assurance Society Equitable Financial Company and Does 1 Through 25, Inclusive

9 F.3d 1469 17 Employee Benefits Cas. 1888 , Pens. Plan Guide P 23893E Morris J. TAFT, Plaintiff-Appellee, v. The EQUITABLE LIFE ASSURANCE SOCIETY; Equitable Financial Company and Does 1 through 25, Inclusive, Defendants-Appellants. No. 92-55416. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1993. Decided Nov. 30, 1993. As Amended March 2, 1994. Royal F. Oakes, Scott J. Therrien, Barger & Wolen, Los Angeles, CA, for defendant-appellant. Herbert Davis and Margaret A. Jewett, Los Angeles, CA, for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before: HALL and RYMER, Circuit Judges, FITZGERALD, District Judge. * CYNTHIA HOLCOMB HALL, Circuit Judge: 1 The Equitable Life Assurance Society of the United States appeals the district court's judgment in favor of Morris J. Taft. The district court held that Equitable abused its discretion in violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 , by terminating Taft's disability benefits. Because we find that the district court erred at trial by examining evidence that was not part of Equitable's…