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HANNINGTON v. SUN LIFE AND HEALTH INS. CO.

No. 12-1085.

711 F.3d 226 (2013)

David HANNINGTON, Plaintiff, Appellee, v. SUN LIFE AND HEALTH INSURANCE COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

March 29, 2013.

Attorney(s) appearing for the Case

Joshua Bachrach , with whom Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Byrne Joseph Decker , and Pierce Atwood LLP were on brief, for appellant.

Gisele M. Nadeau for appellee.

John S. Koppel , with whom Michael Jay Singer , Stuart F. Delery , Principal Deputy Assistant Attorney General, U.S. Department of Justice, Will A. Gunn , General Counsel, Richard J. Hipolit , Assistant General Counsel, and Joshua P. Mayer , Attorney, Department of Veterans Affairs, were on brief, for amicus curiae, United States of America.

Before HOWARD, RIPPLE, AND LIPEZ, Circuit Judges.

RIPPLE, Circuit Judge.

David Hannington filed this ERISA action against Sun Life and Health Insurance Company ("Sun") after Sun reduced his disability payments under an ERISA-qualified plan (the "Plan") because he also was receiving disability compensation under the Veterans' Benefits Act. The parties filed cross-motions for judgment on the record. After a hearing, the magistrate judge recommended that the district court grant Mr. Hannington's motion and deny Sun...

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