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MACMILLAN v. PROVIDENT MUT. LIFE INS. CO. OF PHILA.

No. 95-CV-6387L.

32 F.Supp.2d 600 (1999)

Harold M. MACMILLAN, Plaintiff, v. PROVIDENT MUTUAL LIFE INSURANCE COMPANY OF PHILADELPHIA and Unum Life Insurance Company of America, Defendants.

United States District Court, W.D. New York.

January 5, 1999.

Attorney(s) appearing for the Case

Christopher A. DiPasquale, Harris, Beach & Wilcox, Rochester, NY, for Harold M. Macmillan, plaintiff.

J. Nelson Thomas, Nixon, Hargrave, Devans & Doyle, LLP, Rochester, NY, for Provident Mutual Life Insurance Company of Philadelphia, defendant.

Deborah H. Karalunas, Patrick J. Rao, Bond, Schoeneck & King, One Lincoln Center, Syracuse, NY, Stephen B. Salai, Cumpston & Shaw, Rochester, NY, Nancy Jerian Marr, Portland, MA, for Unum Life Insurance Company of America, defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Harold M. MacMillan, commenced this action against defendants Provident Mutual Life Insurance Company ("Provident") and UNUM Life Insurance Company of America ("UNUM") under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. During his previous employment with Provident, plaintiff was covered by a long-term disability insurance policy purchased by Provident...

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