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KUTTEN v. SUN LIFE ASSUR. CO. OF CANADA

No. 13-2559.

759 F.3d 942 (2014)

Marc KUTTEN, Plaintiff-Appellee v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2014.

Attorney(s) appearing for the Case

Richard Joseph Pautler , argued, Saint Louis, MO, for Defendant-Appellant.

David Michael Hicks , argued, Maryville, IL, for Plaintiff-Appellee.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Marc Kutten sued Sun Life Assurance Company of Canada, alleging that Sun Life improperly denied him long-term disability benefits under a disability plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Sun Life and Kutten filed cross-motions for summary judgment. The district court denied Sun Life's motion for summary judgment and granted Kutten's motion. We reverse.

I.

Kutten was the president and...

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