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CERRA v. HARVEY

No. CIV.A. 2:02-0915.

279 F.Supp.2d 778 (2003)

James CERRA, Plaintiff, v. Wetzel HARVEY, Plan Administrator, et al., Defendants.

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

September 2, 2003.

Attorney(s) appearing for the Case

Michael D. Foster, Charles M. Surber, Jr., Jessica Rae Alsop, Jackson & Kelly, Charleston, WV, for Plaintiff.

Lawrence B. Lowry, James P. McHugh, Barrett, Chafin, Lowry, Amos & McHugh, Huntington, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Pending are the parties' cross-motions for summary judgment on all issues. The Court GRANTS Plaintiff's motion for summary judgment on his claim the Defendants wrongfully denied his pension benefits and DENIES Defendants' motion for summary judgment on their Counterclaim. Plaintiffs motion for fees and costs is GRANTED.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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