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RUSSELL v. PAUL REVERE LIFE INS. CO.

Nos. 01-2824.

288 F.3d 78 (2002)

William R. RUSSELL, III, Appellant, v. PAUL REVERE LIFE INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Filed March 22, 2002.

Attorney(s) appearing for the Case

John M. Stull (Argued), Edmond D. Johnson, The Bayard Firm, Wilmington, DE, for Appellant.

Mark E. Schmidtke (Argued), Hoeppner, Wagner & Evans, Valparaiso, IN, Gerald E. Burns, Klett, Rooney, Lieber & Schorling, Philadelphia, PA, for Appellee.

Before SCIRICA, ROSENN, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

William R. Russell, III, claims that he sustained total disability while employed by Corporate Property Investors, Inc. (CPI), as a real estate asset manager. At the time, he was covered by both an individual policy for management employees and a group policy as an employee benefit plan. Both policies included a disability benefit, each covering 40% of the employee...

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