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SMART v. GILLETTE CO. LONG-TERM DISABILITY PLAN

No. 95-1705.

70 F.3d 173 (1995)

Sharon M. SMART, Plaintiff, Appellant, v. The GILLETTE COMPANY LONG-TERM DISABILITY PLAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 22, 1995.

Attorney(s) appearing for the Case

Richard L. Burpee, with whom Burpee & DeMoura was on brief, Boston, MS, for appellant.

John H. Mason, with whom Richard P. Ward, David T. Lyons, and Ropes & Gray, were on brief, Boston, MS, for appellee.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and CYR, Circuit Judge.

SELYA, Circuit Judge.

Plaintiff-appellant Sharon Smart sued The Gillette Company Long-Term Disability Plan (Plan or LTD Plan) for benefits she asserts were wrongfully denied her. The district court ruled that Smart had waived her claim. See Smart v. The Gillette Co. Long-Term Disability Plan, 887 F.Supp. 383 (D.Mass. 1995). We affirm.

I. BACKGROUND

We take the underlying facts principally from the parties...

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