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FRANKLIN v. GIBSON

No. 3:97-1280.

38 F.Supp.2d 590 (1999)

Madge W. FRANKLIN and Madge W. Franklin, Executrix of William Franklin Estate v. Barbara W. GIBSON and TIAA-CREF.

United States District Court, M.D. Tennessee, Nashville Division.

March 8, 1999.

Attorney(s) appearing for the Case

Samuel D. Payne,J. Allen Reynolds, III, Richard Arthur Jones, Evans, Jones & Reynolds, Nashville, TN, for Madge W. Franklin.

Dwayne William Barrett, Miller, Martin & Trabue, Nashville, TN, Dianna Baker Shew, Farris, Warfield & Kanaday, Nashville, TN, for Barbara W. Gibson.

Darrell Gene Townsend, Howell & Fisher, Nashville, TN, for Teachers Insurance and Annuity Association-College Retirement Equities Fund.

MEMORANDUM

TRAUGER, District Judge.

I. Introduction

Pending before the court are motions for summary judgment filed by the defendant (Docket No. 35) and the plaintiff (Docket No. 31) and the plaintiff's motion to amend the complaint (Docket No. 39). For the reasons discussed herein, all motions will be denied and the court will enter a judgment in favor of the plaintiff based on a review of the administrative record.

II. Facts<...

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