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MOGEL v. UNUM LIFE INS. CO. OF AMERICA

No. 08-1334.

547 F.3d 23 (2008)

Roy MOGEL, et al., Plaintiffs, Appellants, v. UNUM LIFE INSURANCE CO. OF AMERICA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 6, 2008.

Attorney(s) appearing for the Case

Stuart T. Rossman with whom Charles M. Delbaum and National Consumer Law Center, M. Scott Barrett, Barrett & Associates, John C. Bell and Leroy W. Brigham, Bell & Brigham, Jeffrey G. Casurella, Law Offices of Jeffrey G. Casurella, were on brief for appellants.

Byrne J. Decker with whom William J. Kayatta, Jr., Gavin G. McCarthy, and Pierce Atwood LLP were on brief for appellee.

Before TORRUELLA and BOUDIN, Circuit Judges, and SCHWARZER, District Judge.

SCHWARZER, District Judge.

This is an appeal from a judgment of the district court granting a motion to dismiss plaintiffs' action against UNUM Life Insurance Company of America ("UNUM"). Plaintiffs Roy Mogel, Todd D. Lindsay and Joseph R. Thorley, who are beneficiaries under employee welfare benefit plans, brought this action on behalf of themselves and a class of beneficiaries. They allege breaches of fiduciary duties under the Employee Retirement Income Security...

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