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SMITH v. METROPOLITAN LIFE INS. CO.

No. CIV.03-B-916(BNB).

344 F.Supp.2d 696 (2004)

Lee Anne SMITH, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.

United States District Court, D. Colorado.

November 8, 2004.

Attorney(s) appearing for the Case

Kenneth J. Shakeshaft, Shakeshaft, Chernushin & Donohoe, P.C., Colorado Springs, CO, for Plaintiff.

Steven M. Gutierrez, Holland & Hart, LLP, Greenwood Village, CO, for Defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

This is an ERISA action for insurance benefits allegedly due Plaintiff Lee Anne Smith ("Plaintiff). Defendant Metropolitan Life Insurance Company ("Defendant") moves for summary judgment on Plaintiffs claim. Defendant brings two counterclaims, one under ERISA for reimbursement of overpaid benefits, the second for unjust enrichment. Plaintiff moves for summary judgment on Defendant's counterclaims. Defendant...

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