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WENNER v. SUN LIFE ASSURANCE CO. OF CANADA

Nos. 05-6534, 05-6740.

482 F.3d 878 (2007)

Thomas WENNER, Plaintiff-Appellee, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 12, 2007.

Attorney(s) appearing for the Case

ARGUED: Mark E. Schmidtke, Schmidtke Hoeppner Consultants, Valparaiso, Indiana, for Appellant. Robert Jan Jennings, Branstetter, Kilgore, Stranch & Jennings, Nashville, Tennessee, for Appellee.

ON BRIEF: Mark E. Schmidtke, Schmidtke Hoeppner Consultants, Valparaiso, Indiana, for Appellant. Robert Jan Jennings, Branstetter, Kilgore, Stranch & Jennings, Nashville, Tennessee, for Appellee.

Before: ROGERS and GRIFFIN, Circuit Judges; OBERDORFER, District Judge.

OBERDORFER, D.J., delivered the opinion of the court, in which GRIFFIN, J., joined. ROGERS, J. (pp. 884-86), delivered a separate opinion concurring in part and dissenting in part.

OPINION

OBERDORFER, District Judge.

Thomas Wenner was the Chief Operating Officer of Orchid Manufacturing Group ("Orchid") when he suffered a heart attack. He sought disability benefits from Sun Life Assurance Company of Canada ("Sun Life") under his employer's disability...

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