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Opinion

378 F.3d 246

U.S. Court of Appeals for the Second Circuit · 2004-08-09

· GavelSight synced 2026-09-06 03:35:45

VAN GRAAFEILAND,
Senior Judge, dissenting.
One year ago I filed a four-page opinion affirming Judge Larimer’s grant of summary judgment in favor of the defendant First Unum. I believed then that Judge Larimer was right and I continue to believe so. Moreover, until someone, whose opinion I respect, honestly informs me that as a general proposition, he or she would not hesitate to undergo a session of autoer-otic asphyxiation through strangulation, I will not change my mind. Partial strangulation is an injury. A suicidal motive is not required.
The “revocation” of my original opinion, Critchlow v. First UNUM Ins. Co. of America, 340 F.3d 130 (2d Cir.2003) is hereby revoked. Accordingly, I refile that opinion as it was originally filed.

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