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METCALF v. FASCO EMPLOYEE RETIREMENT PLAN

No. 5:02-CV-811-BO(3).

293 F.Supp.2d 591 (2003)

Josephine METCALF, Plaintiff, v. FASCO EMPLOYEE RETIREMENT PLAN, by Its Trustee and Benefits Administrator Invensys, Defendant.

United States District Court, E.D. North Carolina. Western Division.

November 12, 2003.

Attorney(s) appearing for the Case

Bruce K. Allen, Fayetteville, NC, for Josephine Metcalf, plaintiff.

Bruce M. Steen, McGuire Woods, LLP, Charlotte, NC, for Fasco Employee Retirement Plan by Its Trustee and Benefits Administrator Invensys, defendant.

ORDER

TERRENCE WILLIAM BOYLE, Chief Judge.

This matter is before the Court on Plaintiff's and Defendant's Cross-Motions for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, Defendant's Motion for Summary Judgment is GRANTED, and Plaintiff's Motion for Summary Judgment is DENIED.

BACKGROUND

On July 25, 2002, Plaintiff, a former Fasco Industries, Inc. ("Fasco"), employee, filed suit...

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