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RILEY v. SUN LIFE AND HEALTH INS. CO.

No. 10-2850.

657 F.3d 739 (2011)

James RILEY, Appellant, v. SUN LIFE AND HEALTH INSURANCE CO., formerly known as Genworth Life and Health Insurance Co.; Group Long Term Disability Insurance, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 7, 2011.

Attorney(s) appearing for the Case

Nora Marie Kane , argued, Mark Jon Peterson , on the brief, Omaha, NE, for appellant.

Joshua Bachrach , argued, Philadelphia, PA, for appellee.

Before MURPHY, BEAM, and COLLOTON, Circuit Judges.

BEAM, Circuit Judge.

James Riley appeals the district court's adverse grant of summary judgment in favor of Sun Life in this Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., benefits case. The sole issue is whether Sun Life is entitled to offset from Riley's employer-provided long-term disability benefits the amount that Riley receives in Department of Veterans Affairs (VA) benefits each month. The district court upheld Sun Life's decision...

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