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NEW ENGLAND MUT. LIFE INS. CO., INC. v. BAIG

No. 97-2398.

166 F.3d 1 (1999)

NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, INC., Plaintiff, Appellant, v. Mirza W. BAIG, Defendant, Appellee.

United States Court of Appeals, First Circuit.

February 4, 1999.

Attorney(s) appearing for the Case

Joseph M. Hamilton, with whom Mirick, O'Connell, Worcester, MA, DeMallie & Lougee, LLP, were on the brief, for appellant.

Robert R. Pierce, Boston, MA, for appellee.

Before BOUDIN, LYNCH and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

The New England Mutual Life Insurance Company ("New England Mutual") brought this action pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001-1461 ("ERISA"), to rescind disability insurance coverage provided to Dr. Mirza W. Baig, alleging that Baig made misrepresentations on his application.1 Baig filed counterclaims based on state law. New England Mutual moved for...

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