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SHUTTS v. FIRST UNUM LIFE INS. CO.

No. 1:01-CV-1993(FJS/DRH).

310 F.Supp.2d 489 (2004)

John M. SHUTTS, Plaintiff, v. FIRST UNUM LIFE INSURANCE COMPANY OF AMERICA and Unumprovident Corporation, Defendants.

United States District Court, N.D. New York.

March 24, 2004.

Attorney(s) appearing for the Case

Flink, Smith & Associates, LLC (Jay A. Smith, Esq., of Counsel), Latham, NY, for Plaintiff.

McNamee, Lochner, Titus & Williams, P.C. (Michael J. Hall, Esq., Of Counsel), Albany, NY, for Defendants.

MEMORANDUM -DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiff John M. Shutts commenced this declaratory judgment action on October 30, 2001, seeking a declaration from this Court, pursuant to 28 U.S.C. §§ 2201-2202, that he is entitled to long-term disability benefits pursuant to the provisions of the policy that Defendants First UNUM Life Insurance Company of America and Unumprovident Corporation (hereinafter collectively...

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