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D & H THERAPY ASSOCIATES v. BOSTON MUT. LIFE INS.

Nos. 10-1423, 10-1494.

640 F.3d 27 (2011)

D & H THERAPY ASSOCIATES, LLC; Robin Dolan, Plaintiffs, Appellees/Cross-Appellants, v. BOSTON MUTUAL LIFE INSURANCE COMPANY, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Brooks R. Magratten , with whom Michael J. Daly and Pierce Atwood LLP were on brief, for appellant/cross-appellee.

Charles S. Beal , with whom Jonathan E. Pincince and Beal Law, LLC were on brief, for appellees/cross-appellants.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

LYNCH, Chief Judge.

Both parties appeal from grants of summary judgment in this dispute concerning the benefit eligibility language of a long-term disability benefit plan regulated by the Employee Retirement Income Security Act (ERISA). Plaintiffs D & H Therapy Associates, LLC (D & H), and Robin Dolan appeal from a grant of summary judgment against their claims that Dolan was eligible for and entitled to benefits under the plan or, in the alternative, damages...

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