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BASS v. PRUDENTIAL INS. CO. OF AMERICA

Civ. A. No. 89-2356-O.

764 F.Supp. 1436 (1991)

A. Diana BASS, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Defendants.

United States District Court, D. Kansas.

May 29, 1991.

Attorney(s) appearing for the Case

George G. Allen, Jr., Ponick, Amick & Allen, Kansas City, Mo., Donna M. Dill, Field, Gentry, Benjamin & Robertson, Overland Park, Kan., for plaintiff.

Robert W. McKinley, Craig T. Kenworthy, Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., for Prudential Ins. Co. of America.

Laurence L. Duncan, J.C. Penney Co., Inc., Legal Dept., Dallas, Tex., Wm. Dirk Vandever, Mark Buchanan, Popham, Conway, Sweeny, Fremont & Bundschu, Kansas City, Mo., and David W. Hauber, Boddington & Brown, Kansas City, Kan., for J.C. Penney Co., Inc.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on the motion of defendant Prudential Insurance Company of America (hereinafter "Prudential") for summary judgment. A claim for employee benefits submitted by plaintiff A. Diana Bass (hereinafter "Bass") was denied by Prudential. Prudential contends that its decision to deny benefits cannot be overturned unless it was arbitrary and capricious. Bass insists that the court...

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