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NICHOLAS v. MCI HEALTH AND WELFARE PLAN NO. 501

Civil Action No. 2:05-CV-442 (TJW).

453 F.Supp.2d 972 (2006)

William S. NICOLAS, Plaintiff, v. MCI HEALTH AND WELFARE PLAN NO. 501 and The Prudential Insurance Company of America, Defendants.

United States District Court, E.D. Texas, Marshall Division.

January 11, 2006.

Attorney(s) appearing for the Case

Bernard A. Guerrini, Attorney at Law, Dallas, TX, for Plaintiff.

Jason Edward Winford, Jenkens & Gilchrist, Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

WARD, District Judge.

Before the Court is MCI Health and Welfare Plan No. 501's ("the Plan") Motion to Dismiss (# 10). The Court has carefully considered the parties' written submissions and hereby denies MCI's motion.

I. Introduction

Plaintiff William S. Nicolas ("Nicolas") asserted a claim under Section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S...

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