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MILLER v. MONUMENTAL LIFE INS. CO.

No. CIV 04-0970 JB/RHS.

376 F.Supp.2d 1238 (2005)

Rodney MILLER, Plaintiff, v. MONUMENTAL LIFE INSURANCE COMPANY and Nasra TPA, Inc. and its successor, HCC Administrators, Inc. and/or Gallagher Bassett Services, Inc., Defendants.

United States District Court, D. New Mexico.

June 30, 2005.

Attorney(s) appearing for the Case

James Rawley, Albuquerque, NM, for the Plaintiff.

Bruce S. McDonald, Lucinda R. Siembieda, Law Office of Bruce S. McDonald, Albuquerque, NM, Bernie E. Hauder, Adkerson & Hauder, Dallas, TX, for Defendant Monumental Life Insurance Company.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) the Plaintiff's Motion for Summary Judgment, filed April 29, 2005 (Doc. 27); and (ii) Defendant Monumental Life Insurance Company's Motion for Summary Judgment, filed May 6, 2005 (Doc. 29). The primary issue is whether the Employee Retirement Income Security Act ("ERISA") Plan's policy requirement...

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