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ENGLESON v. UNUM LIFE INS. CO. OF AMERICA

No. 12-4049.

723 F.3d 611 (2013)

Jerry ENGLESON, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA; Seibert Keck Long Term Disability Income Plan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Kenneth L. Gibson , Gibson & Lowry, Cuyahoga Falls, Ohio, for Appellant. Brett K. Bacon , Frantz Ward LLP, Cleveland, Ohio, for Appellees. ON BRIEF: Kenneth L. Gibson , Gibson & Lowry, Cuyahoga Falls, Ohio, for Appellant. Brett K. Bacon , Olivia Lin Southam , Frantz Ward LLP, Cleveland, Ohio, for Appellees.

Before: MERRITT, CLAY, and DONALD, Circuit Judges.

OPINION

BERNICE BOUIE DONALD, Circuit Judge.

Jerry Engleson waited over eight years before seeking judicial review of his denied claim for long-term disability benefits. The terms of his disability plan, however, gave him a little more than three years to file such a suit. Despite Engleson's best efforts to convince us otherwise, neither the law nor principles of equity allow us to excuse the tardiness of his suit. As a result, we AFFIRM the...

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