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GROSE v. SUN LIFE ASSUR. CO. OF CANADA

No. 1:07CV00062.

568 F.Supp.2d 652 (2008)

Ethel Elsie GROSE, etc., et al., Plaintiffs, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

July 24, 2008.

Attorney(s) appearing for the Case

Roger W. Mullins, Roger W. Mullins, PLLC, Tazewell, VA, for Plaintiffs.

Alexander T. Marshall and David E. Constine, III, Troutman Sanders LLP, Richmond, VA, for Defendant.

OPINION

JAMES P. JONES, Chief District Judge.

The issue presented in this ERISA case is whether the claims fiduciary abused its discretion in denying the plaintiffs benefits under a group accidental death and dismemberment policy. Based on the administrative record, I find that the claims fiduciary did not abuse its discretion and grant the defendant's motion for summary judgment.

I

Billy Ray Grose1 was employed...

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