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YINGLING v. UNUM LIFE INS. CO. OF AMERICA

Civ. A. No. 1:CV-96-1812.

959 F.Supp. 251 (1997)

Robert E. YINGLING, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, M.D. Pennsylvania.

April 25, 1997.

Attorney(s) appearing for the Case

Richard Oare, Suzanne S. Smith, York, PA, William P. Dale, Charles F. Fuller, McChesney & Dale, Bowie, MD, for Plaintiff.

E. Thomas Henefer, Stevens & Lee, Reading, PA, for Defendant.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

In this diversity action controlled by Pennsylvania law, the defendant, UNUM Life Insurance Company of America, has filed a motion under Fed.R.Civ.P. 12(b)(6) to dismiss the plaintiff's amended complaint. The plaintiff, Ronald E. Yingling, seeks to recover disability benefits under the policy UNUM issued to his employer.

The motion argues that the action is barred by the...

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