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WHITE v. SUN LIFE ASSUR. CO. OF CANADA

Nos. 06-1285, 06-1491.

488 F.3d 240 (2007)

Margaret T. WHITE, Plaintiff-Appellee, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant-Appellant, and Greer Laboratories, Incorporated; Greer Laboratories, Incorporated Employee Long Term Disability Plan; Plan Administrator of the Greer Laboratories, Incorporated Long Term Disability Plan, Defendants. Margaret T. White, Plaintiff-Appellee, v. Sun Life Assurance Company of Canada, Defendant-Appellant, and Greer Laboratories, Incorporated; Greer Laboratories, Incorporated Employee Long Term Disability Plan; Plan Administrator of the Greer Laboratories, Incorporated Long Term Disability Plan, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2007.

Attorney(s) appearing for the Case

ARGUED: Mark Eugene Schmidtke, Schmidtke Hoeppner Consultants, L.L.P., Valparaiso, Indiana, for Appellant. Charles McBrayer Sasser, Charlotte, North Carolina, for Appellee. ON BRIEF: Anuja G. Purohit, Poyner & Spruill, Raleigh, North Carolina, for Appellant. Thomas L. Hudson, Osborn Maledon, P.A., Phoenix, Arizona, for Appellee.

Before WILKINS, Chief Judge, WILKINSON, Circuit Judge, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge FLOYD joined. Chief Judge WILKINS wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

This case requires us to determine whether a benefit plan can start the statute of limitations running on a plan participant's cause of action for benefits under the Employee Retirement Income Security Act of 1974 (ERISA...

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