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CARGILL INC. v. PRUDENTIAL INS. CO. OF AMERICA

Civil A. No. 95-K-2908.

920 F.Supp. 144 (1996)

CARGILL INCORPORATED, Cargill Incorporated and Associated Companies Group Health Plan, and Cargill Incorporated, as sponsor and named fiduciary of Cargill Incorporated and Associated Companies Group Health Plan, Plaintiffs, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, D. Colorado.

April 1, 1996.

Attorney(s) appearing for the Case

Leanne B. DeVos, Sherman and Howard, L.L.C., Denver, CO, Michael R. Cunningham, Penny M. Tibke, and Richard A. Hackett, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, for Plaintiffs/Petitioners.

Alan Gary Dunn, Phelps, Singer & Dunn, Denver, CO, for Defendant/Respondent.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This is an ERISA action. Pending are two motions: (1) Defendant's Motion for Change of Venue Pursuant to 28 U.S.C. § 1404(a); and (2) Defendant's Motion to Dismiss Counts V-VIII of Plaintiffs' Complaint. The motion for change of venue has merit. I grant the motion.

I. BACKGROUND

Plaintiff Cargill Incorporated ("Cargill") is...

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