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GREEN v. EXXONMOBIL CORP.

No. 06-1452.

470 F.3d 415 (2006)

Rachelle R. GREEN, Byron R. Renfro, Plaintiffs, Appellants, v. EXXONMOBIL CORPORATION; Janet L. Madigan, in her official capacity as Plan Administrator for ExxonMobil Corporation; Exxonmobil Life Insurance Plan, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 8, 2006.

Attorney(s) appearing for the Case

Matthew T. Oliverio with whom Raymond A. Marcaccio, Christine M. Curley and Oliverio & Marcaccio LLP were on brief for appellants.

Adriene K. Dwyer, U.S. Department of Labor, Plan Benefits Security Division, with whom Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, and Karen L. Handorf, Counsel for Appellate and Special Litigation, were on brief for Elaine L. Chao, Secretary of the United States Department of Labor, Amicus Curiae.

Neal J. McNamara with whom Nixon Peabody LLP was on brief for appellees.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, Senior District Judge.

BOUDIN, Chief Judge.

In April 1996, Dr. Robert Renfro began working for Mobil Oil Corporation as a contract physician at the Beaumont, Texas, oil refinery. In the fall of 2000, Dr. Renfro sought a full-time, salaried position as a staff physician with ExxonMobil Corporation. Dr. Renfro received a letter confirming his appointment on January 15, 2001, began work on February 19, was injured in a car accident on February 25 and died on February 26.

At the time...

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