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DARDEN v. NATIONWIDE MUT. INS. CO.

No. 83-96-CIV-3.

717 F.Supp. 388 (1989)

Robert T. DARDEN, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, et al., Defendants.

United States District Court, E.D. North Carolina, Fayetteville Division.

June 30, 1989.

Attorney(s) appearing for the Case

Marion G. Follin III, Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N.C., for plaintiff.

George R. Ragsdale, LeBoeuf, Lamb, Leiby & MacRae, Raleigh, N.C., for defendants.

MEMORANDUM OPINION

TERRENCE WILLIAM BOYLE, District Judge.

Robert T. Darden, a former insurance agent for Nationwide Mutual Insurance Company, brought this action against Nationwide on November 8, 1983, seeking to recover retirement benefits pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. This court initially granted Nationwide's motion for summary judgment on the ground that Darden did not qualify as...

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