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PAUL REVERE LIFE INS. CO. v. BROMBERG

No. 03-2112.

382 F.3d 33 (2004)

The PAUL REVERE LIFE INSURANCE COMPANY, Plaintiff, Appellant, v. Daniel E. BROMBERG, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 30, 2004.

Attorney(s) appearing for the Case

Joseph M. Hamilton, with whom Kristina H. Allaire, and Mirick, O'Connell, DeMallie & Lougee, LLP were on brief for appellant.

Ann L. Palmieri, with whom Law Office of Ann L. Palmieri was on brief for appellee.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

CYR, Senior Circuit Judge.

The Paul Revere Life Insurance Company ("Paul Revere") appeals a district court order which dismissed its declaratory judgment action against its insured, Daniel E. Bromberg, due to lack of subject matter jurisdiction. Bromberg was employed by Ascent Technologies ("Ascent") as a computer software engineer, from July 1999 to November 2000, during which time he participated in the Employee Security Plan ("Plan") established by Ascent. Moreover...

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