COLBY v. UNUMPROVIDENT

No. CIV.A.03-10001-JLT.

328 F.Supp.2d 186 (2004)

Mark R. COLBY, Plaintiff, v. UNUMPROVIDENT, Defendant.

United States District Court, D. Massachusetts.

August 10, 2004.


Attorney(s) appearing for the Case

Michael J. Kelley, Law Office of Michael J. Kelley, Boston, MA, for Mark R. Colby, Plaintiff.

John J. Aromando, Pierce Atwood, Portland, ME, Mark E. Porada, Pierce Atwood, Portland, ME, Geraldine G. Sanchez, Pierce Atwood, Portland, ME, for Unum Provident, Defendant.


MEMORANDUM

TAURO, District Judge.

Plaintiff Mark R. Colby ("Colby") filed this action against Defendant UnumProvident ("Unum"), alleging wrongful termination of his long-term disability benefits in violation of the Employee Retirement Income Security Act of 1974 ("ERISA").1

Both parties have filed dispositive motions, which are now before this court.

DISCUSSION

A. Background

The...

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