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SCHWARTZ v. PROVIDENT LIFE AND ACC. INS. CO.

No. CV 01-2041 PHX PGR.

280 F.Supp.2d 937 (2003)

Mark J. SCHWARTZ, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant.

United States District Court, D. Arizona.

February 11, 2003.

Attorney(s) appearing for the Case

Richard M. Waugh, Richard M. Waugh Ltd., Phoenix, AZ, for Plaintiff.

Brad Kevin Keogh, Law Office of Brad K. Keogh, Phoenix, AZ, for Defendant.

ORDER

ROSENBLATT, District Judge.

Pending before the Court is Defendant Provident Life and Accident Insurance Company's Motion for Summary Judgment (doc. # 11) and Plaintiff's Cross-Motion for Partial Summary Judgment Re ERISA (doc. # 16). Having considered the parties' memoranda and the oral argument of counsel, the Court finds that the plaintiff's motion should be granted, and the defendant's motion denied, because ERISA does not preempt the plaintiff...

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