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UNITED OF OMAHA LIFE INS. v. SUN LIFE INS. CO.

No. 89-8218.

894 F.2d 1555 (1990)

UNITED OF OMAHA LIFE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. SUN LIFE INSURANCE COMPANY OF AMERICA, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 1, 1990.

Attorney(s) appearing for the Case

Michael A. Dailey, Phears & Dailey, Norcross, Ga., for defendant-counter claimant-appellant.

Ben Kingree, III, Carter & Ansley, Atlanta, Ga., for plaintiff-counter defendant-appellee.

Before VANCE and KRAVITCH, Circuit Judges, and LYNNE, Senior District Judge.

KRAVITCH, Circuit Judge:

United of Omaha Life Insurance Company ("United") brought an action against Sun Life Insurance Company ("Sun Life") to recover certain insurance benefits paid to a Sun Life employee under a group insurance policy issued by United to Sun Life and its employees. In a counterclaim, Sun Life sued to recover benefits that United denied to a different employee. Both parties moved for summary judgment on both claims. Sun Life appeals from the grant...

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