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BRIGHAM v. SUN LIFE OF CANADA

No. 02-1237.

317 F.3d 72 (2003)

Bradley B. BRIGHAM, Plaintiff, Appellant, v. SUN LIFE OF CANADA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 28, 2003.

Attorney(s) appearing for the Case

Cristobal Bonifaz with whom John C. Bonifaz and Law Offices of Cristobal Bonifaz were on brief for appellant.

Jay P. Symonds with whom Joseph M. Hamilton and Mirick, O'Connell, DeMallie & Lougee were on brief for appellee.

Mary Ellen Signorille and Melvin R. Radowitz on brief for amicus curiae AARP.

Before LIPEZ, Circuit Judge, COFFIN and STAHL, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

Appellant Bradley Brigham claims that appellee Sun Life of Canada violated the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, when it terminated his long-term disability benefits. Brigham had been receiving benefits for five years based on his inability to perform his regular occupation. After that time period, benefits were available under his plan only if he was disabled from performing...

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