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EARNEST v. METROPOLITAN LIFE INS. CO.

No. 2:02-CV-468-FTM-26TGW.

291 F.Supp.2d 1327 (2003)

James EARNEST, Jr., Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY and Home Depot U.S.A., Inc., Defendant.

United States District Court, M.D. Florida, Tampa Division.

October 7, 2003.

Attorney(s) appearing for the Case

Carol Ann Avard, Douglas D. Mohney, Avard Law Offices, P.A., Cape Coral, FL, for plaintiff.

Ralph C. Losey, Alan Harrison Brents, Katz, Kutter, Alderman & Bryant, P.A., Amanda Huter Reher, Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, FL, for defendant.

ORDER

LAZZARA, District Judge.

This cause comes before the Court on Defendants Metropolitan Life Insurance Company and Home Depot U.S.A.'s Motion for Summary Judgment (dkt.32) and supporting memorandum and exhibits (dkt. 33 & 34) and Plaintiff James Earnest Jr.'s Memorandum in Opposition thereto (dkt.36).

FACTUAL BACKGROUND

Plaintiff, James Earnest, Jr. ("Earnest"), brings this action under the Employee Retirement Income...

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