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ABERCROMBIE v. CONTINENTAL CAS. CO.

Civ A. No. 6:03-3382-20.

295 F.Supp.2d 604 (2003)

Brenda ABERCROMBIE, Plaintiffs, v. CONTINENTAL CASUALTY COMPANY, Defendant.

United States District Court, D. South Carolina, Spartanburg Division.

December 16, 2003.

Attorney(s) appearing for the Case

Robert Edward Hoskins, Foster and Foster, Greenville, SC, for plaintiff.

Christine M. Gantt, Haynsworth, Sinkler, Boyd, Greenville, SC, for defendant.

OPINION

HERLONG, District Judge.

This matter is before the court on Continental Casualty Company's ("Continental") motion to dismiss pursuant to Rule 12(b)(1), (2), and (3) of the Federal Rules of Civil Procedure as well as 29 U.S.C. § 1132(e)(2). For the reasons set forth below, the court denies Continental's motion to dismiss.

This is an ERISA benefits case in which Brenda Abercrombie ("Abercrombie") seeks long-term disability benefits pursuant...

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