JESTINGS v. NEW ENGLAND TEL. AND TEL. CO.

No. 84-1509.

757 F.2d 8 (1985)

Morrill JESTINGS, Plaintiff, Appellee, v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 21, 1985.


Attorney(s) appearing for the Case

S. Mason Pratt, Jr., Portland, Maine, with whom Jeffrey D. Curtis and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Maine, were on brief, for New England Tel. and Tel. Co. and Prudential Ins. Co. of America.

Eugene C. Coughlin, Bangor, Maine, with whom Clark P. Thompson and Vafiades, Brountas & Kominsky, Bangor, Maine, were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and WEIGEL, Senior District Judge.


BREYER, Circuit Judge.

Morrill Jestings, the appellee, worked for New England Telephone & Telegraph Company ("NET"). He developed a heart problem, and in May 1980 he applied for long term disability benefits. Prudential Insurance Company, which administers NET's Long-Term Disability Benefits Plan ("the plan"), denied Jestings benefits because it believed he was physically capable of working, if not at his present job, at...

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