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TOVEY v. PRUDENTIAL INS. CO. OF AMERICA

No. 98-6194-CV-SJ-1.

42 F.Supp.2d 919 (1999)

Joyce TOVEY, Plaintiff, v. The PRUDENTIAL INS. CO. OF AMERICA, and Specialized Support Services, Inc., Defendants.

United States District Court, W.D. Missouri, St. Joseph Division.

March 11, 1999.

Attorney(s) appearing for the Case

Creath S. Thorne, Morton, Reed & Counts, St. Joseph, MO, for plaintiff.

Richard J. Pautler, Thompson Coburn, St. Louis, MO, for defendants.

ORDER

WHIPPLE, District Judge.

Two motions are pending before the Court. Plaintiff Joyce Tovey has moved the Court to remand her case to the Circuit Court of Buchanon County, Missouri for lack of federal subject matter jurisdiction. Defendants Specialized Support Services, Inc. and Prudential Insurance Company of America have moved the Court to dismiss Tovey's suit on grounds that her claims are preempted by § 514 of the Employee Retirement Income Security...

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