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SEITZMAN v. SUN LIFE ASSURANCE CO. OF CANADA, INC.

Docket No. 01-9142.

311 F.3d 477 (2002)

Peter SEITZMAN, M.D., Plaintiff-Appellant-Cross Appellee, v. SUN LIFE ASSURANCE COMPANY OF CANADA, INC., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 14, 2002.

Attorney(s) appearing for the Case

Gregory Antollino, New York, NY, for Appellant-Cross-Appellee.

David K. Fiveson, Butler, Fitzgerald & Potter, New York, NY, for Appellee-Cross Appellant.

Before: JACOBS, LEVAL, KATZMANN, Circuit Judges.

JACOBS, Circuit Judge.

This appeal over attorneys' fees arises from a lawsuit under the Employee Retirement and Income Security Act of 1974 ("ERISA"), in which Plaintiff-Appellant Peter Seitzman, M.D., sought disability insurance benefits from Sun Life Assurance Company of Canada, Inc. ("Sun Life"). Dr. Seitzman claimed that he was totally disabled from working at his occupation as a practitioner of internal medicine because of medical problems, caused by the HIV...

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