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O'SHEA THROUGH O'SHEA v. UPS RETIREMENT PLAN

No. 15-1923.

837 F.3d 67 (2016)

Brian O'SHEA, THROUGH his Executor Michael O'SHEA; Michael O'Shea, in his personal capacity, on his own behalf as Plan Beneficiary, and on behalf of other Plan Beneficiaries, Meghan O'Shea, John O'Shea and Colleen O'Shea, Plaintiffs, Appellants, v. UPS RETIREMENT PLAN; United Parcel Service of America, Inc.; UPS Retirement Plan Administrative Committee, Defendants, Appellees, Doe Defendants 1, 2, and 3, Defendants.

United States Court of Appeals, First Circuit.

September 13, 2016.

Attorney(s) appearing for the Case

Stephen D. Rosenberg , with whom Caroline M. Fiore and The Wagner Law Group, Boston, MA, were on brief, for appellants.

J. Timothy McDonald , with whom Megan S. Glowacki and Thompson Hine LLP, Cincinnati, OH, were on brief, for appellees.

Before Thompson, Circuit Judge, Souter, Associate Justice, and Barron, Circuit Judge.

This suit, arising under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq., presents the highly sympathetic case of a retiree whose death one week before his official retirement date, but after his final day of work, had the unexpected consequence of depriving...

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