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DEVINE v. AMERICAN BENEFIT CORP.

No. Civ.A. 2:97-1157.

27 F.Supp.2d 669 (1998)

Nancy S. DEVINE, Plaintiff, v. AMERICAN BENEFIT CORPORATION, et al., Defendants.

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

November 13, 1998.

Attorney(s) appearing for the Case

Mark W. Kelley and Jon L. Brown, Payne, Loeb & Ray, Charleston, WV, for plaintiff.

Thomas V. Flaherty and Keith Kodosky, Flaherty, Sensabaugh & Bonasso, Charleston, WV, John J. Polak and Susan M. Murray, Rose & Atkinson, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are (1) Defendant American Benefit Corporation's (ABC) motion for summary judgment; (2) a motion for summary judgment filed by Defendant Counter-Claimants Association of Community Mental Health/Mental Retardation Programs of West Virginia Benefit Plan Trust (the Trust) and its Trustees; and (3) Plaintiff Nancy S. Devine's counter motion for summary judgment against Defendants. The Court GRANTS...

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