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

C.A. No. 08-05 S.

650 F.Supp.2d 143 (2009)

D & H THERAPY ASSOCIATES, LLC and Robin Dolan, Plaintiffs, v. BOSTON MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, D. Rhode Island.

September 2, 2009.

Attorney(s) appearing for the Case

Charles S. Beal, Esq., Beal Law LLC, Providence, RI, for Plaintiff.

Brooks R. Magratten, Esq., Pierce Atwood LLP, Providence, RI, for Defendant.

MEMORANDUM AND ORDER

WILLIAM E. SMITH, District Judge.

This matter is before the Court on the parties' cross motions. Defendant moves for summary judgment on Plaintiffs' Amended Complaint, and moves to strike certain affidavits and exhibits submitted by Plaintiffs on the grounds that these documents are not part of the administrative record. In addition, Defendant has filed a counterclaim for $145,958.32, representing benefits it alleges were overpaid...

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