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UNUM LIFE INS. CO. OF AMERICA v. GROURKE

No. 3:04 CV 1639.

406 F.Supp.2d 524 (2005)

UNUM LIFE INSURANCE COMPANY OF AMERICA, Plaintiff, v. Michael J. GROURKE, Jr., Defendant.

United States District Court, M.D. Pennsylvania.

December 20, 2005.

Attorney(s) appearing for the Case

Michael J. Glasheen, McCarter & English, LLP, Philadelphia, PA, for Plaintiff.

Bruce K. Anders, Mylotte, David & Fitzpatrick, Wilkes-Barre, PA, for Defendant.

MEMORANDUM

CAPUTO, District Judge.

Presently before the Court is Plaintiff UNUM Life Insurance Company of America's Motion For Summary Judgment (Doc. 13). For the reasons set forth below, the Court will deny UNUM's motion. The Court has jurisdiction over this matter pursuant to 29 U.S.C. § 1132(e) and 28 U.S.C. § 1331.

BACKGROUND

The facts in the present case are relatively...

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