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HUSSEY v. E.I. DUPONT DE NEMOURS & CO. PEN. & BEN.

Civil Action No. 6:96-0402.

963 F.Supp. 576 (1997)

Anita G. HUSSEY, Plaintiff, v. E.I. DuPONT DE NEMOURS & CO. PENSION & BENEFIT PLAN, Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

May 23, 1997.

Attorney(s) appearing for the Case

Robert A. Ellison, Albright, Bradley & Ellison, Parkersburg, WV, for plaintiff.

Charles L. Woody, Paula D. Gillis, Spilman, Thomas & Battle, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross motions for summary judgment. The Court GRANTS Plaintiff's motion for summary judgment and DENIES Defendant's motion for summary judgment.

BACKGROUND

The parties substantially agree on the operative facts. DuPont maintains a Pension and Benefit Plan (the Plan) for its employees. One of the benefits available to DuPont employees who have reached...

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