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MARTINEZ v. SUN LIFE ASSUR. CO. OF CANADA

No. 18-2127.

948 F.3d 62 (2020)

Marco MARTINEZ, Plaintiff, Appellant, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

January 27, 2020.

Attorney(s) appearing for the Case

R. Joseph Barton , with whom Colin M. Downes and Block & Leviton LLP, Boston, MA, were on brief, for appellant.

Mark Schmidtke , Chicago, IL, with whom Diane M. Saunders , Boston, MA, David L. Schenberg , St. Louis, MO, and Ogletree, Deakins, Nash, Smoak & Stewart, P.C. were on brief, for appellee.

Before Torruella, Lipez, and Kayatta, Circuit Judges.

Appellant Marco Martinez challenges the decision by Sun Life Assurance Company of Canada ("Sun Life") to offset his benefits under its employer-sponsored long-term disability insurance policy ("the Plan") by the amount of his service-connected disability compensation ("Veterans' Benefits"). The district court found that Sun...

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