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SAMPSON v. MUTUAL BEN. LIFE INS. CO.

No. 88-1296.

863 F.2d 108 (1988)

Francis J. SAMPSON, Jr., Plaintiff, Appellant, v. The MUTUAL BENEFIT LIFE INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 30, 1988.

As Amended on Denial of Rehearing and Rehearing December 28, 1988.

Attorney(s) appearing for the Case

Roger S. Davis with whom Davis & Rubin, Boston, Mass., was, on brief, for plaintiff, appellant.

Edward S. Rooney, Jr., with whom Lyne, Woodworth & Evarts, Boston, Mass., was, on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, BOWNES and SELYA, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 28, 1988.

LEVIN H. CAMPBELL, Chief Judge.

In June 1981 plaintiff Francis Sampson's right hand was severely injured in a workplace accident, and he was disabled for approximately three years. Sampson was insured under a group disability insurance policy issued by defendant Mutual Benefit Life Insurance Company ("Mutual"). During the period of his disability, Sampson was paid both disability benefits...

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