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PERRY v. NEW ENGLAND BUSINESS SERVICE, INC.

No. 02-2544.

347 F.3d 343 (2003)

Janice R. PERRY, Plaintiff, Appellant, v. NEW ENGLAND BUSINESS SERVICE, INC.; Hartford Life Insurance Companies, Inc.; Seth A. Canter; Group Long Term Disability Insurance Benefits for Employees of New England Business Service, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 23, 2003.

Attorney(s) appearing for the Case

Bernard A. Kansky was on brief for appellant.

Richard L. Alfred, with whom Christopher A. Weals, was on brief for appellees New England Business Service, Inc. and Seth A. Canter.

David B. Crevier, with whom Theodore F. Glockner, was on brief for appellees Hartford Life Insurance Companies, Inc. and Group Long Term Disability Insurance Benefits For Employees of New England Business Service, Inc.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge.

Janice R. Perry appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) of her action to recover long-term disability benefits, statutory penalties, and attorneys' fees pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001-1461 ("ERISA"). Perry applied for but was denied disability benefits under the Group Long-Term Disability Plan ("Plan") maintained...

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