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SMITH v. ESTATE OF SMITH

CIVIL ACTION NO. 99-5973.

248 F.Supp.2d 348 (2003)

Barbara SMITH, Plaintiff, v. ESTATE OF Mark SMITH and Du-Pont Pension and Retirement Plan, Defendants.

United States District Court, D. New Jersey.

February 19, 2003.

Attorney(s) appearing for the Case

Darrell Fineman, Esq., Capizola, Fineman & Lapham, P.C., Vineland, NJ, for Plaintiff, Barbara Smith.

Mark J. Oberstaedt, Esq., Timothy E. Stauss, Esq., Archer & Greiner, P.C., Haddonfield, NJ, for Defendant, DuPont Pension, and Retirement Plan.

ORLOFSKY, District Judge.

Plaintiff, Barbara Smith ("Smith"), and Defendant, DuPont Pension and Retirement Plan ("DuPont"), have cross-moved for summary judgment. These cross-motions raise issues of law that fall within the arcana of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001, et seq., which have not been frequently addressed by this Court—specifically: (1) under what circumstances does a Property Settlement Agreement...

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