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CIMON v. GAFFNEY

No. 04-1631.

401 F.3d 1 (2005)

Ralph J. CIMON, III, Plaintiff, Appellant, v. Christopher GAFFNEY; Guardian Life Insurance Company of America, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 10, 2005.

Attorney(s) appearing for the Case

C. Donald Briggs, III, with whom Briggs & Counsel was on brief for appellant.

Russell B. Pierce, Jr., with whom Norman, Hanson & Detroy, LLC was on brief for appellee, Christopher Gaffney.

Geraldine G. Sanchez, with whom Gavin G. McCarthy and Pierce Atwood LLP were on brief for appellee, Guardian Life Insurance Company of America.

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

STAHL, Senior Circuit Judge.

In 2003, Ralph Cimon ("Ralph"), who had purchased a disability insurance policy from Guardian Life Insurance Company of America ("Guardian"), sued Guardian and Christopher Gaffney ("Gaffney"), the Guardian agent who had sold him the policy, after Guardian terminated his policy due to his failure to make a timely premium payment. The suit was brought in Maine.1 Guardian filed a motion for summary judgment and...

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