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TOTAL RENAL CARE OF NORTH CAROLINA v. FRESH MARKET

No. 1:05CV00819.

457 F.Supp.2d 619 (2006)

TOTAL RENAL CARE OF NORTH CAROLINA, L.L.C., Plaintiff, v. The FRESH MARKET, INC.; The Fresh Market, Inc. Group Health Care Plan; Unifi, Inc.; The Unifi, Inc. Group Health Care Plan; Penn Western Benefits, Inc.; and Does 1 through 100, inclusive, Defendants.

United States District Court, M.D. North Carolina.

October 17, 2006.

Attorney(s) appearing for the Case

Angelique R. Vincent, Louis Adams Bledsoe, III, Robinson Bradshaw & Hinson, P.A., Charlotte, NC, Robert S. Amador, Warren D. Kelly, Amador Desjardins Kelly, LLP, Long Beach, CA, for Plaintiff.

Denis E. Jacobson, Kenneth Miles Johnson, Tuggle Duggins & Meschan, P.A., Greensboro, NC, Alton L. Gwaltney, Mark A. Nebrig, Moore & Van Allen, Charlotte, NC, Julie B. Bradburn, Robert Thomas Numbers, II, Womble Carlyle Sandridge & Rice, Winston-Salem, NC, for Defendants.

MEMORANDUM OPINION

BEATY, Chief Judge.

This case involves the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., and alleged under-payments for services that were provided to three beneficiaries of two benefits plans. It is brought by Plaintiff Total Renal Care of North Carolina, L.L.C. ("Total Renal"), pursuant to 29 U.S.C. § 501(a), (e)(1), and (f...

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