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DONOVAN v. BRANCH BANKING AND TRUST CO.

No. CIV.A. 2:02-0347.

220 F.Supp.2d 560 (2002)

Richard C. DONOVAN, Plaintiff, v. BRANCH BANKING AND TRUST COMPANY, a North Carolina qualified corporation, Defendant.

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

September 11, 2002.

Attorney(s) appearing for the Case

Sharon F. Iskra, Charleston, WV, for Plaintiff.

Michael D. Scott, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court is the plaintiff's request for discovery on the issue of whether the "Change in Control Severance Agreement" between the plaintiff, Richard C. Donovan, and One Valley Bank, the predecessor of the defendant, Branch Banking and Trust Company, constitutes a "plan" under the Employee Retirement Income Security Act of 1947 (ERISA), 29 U.S.C. § 1001, et seq. If ERISA preempts...

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