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WOOTTEN v. MONUMENTAL LIFE INS. CO.

No. 4:05 CV 1851 JCH.

412 F.Supp.2d 1020 (2006)

Eugene WOOTTEN, Plaintiff, v. MONUMENTAL LIFE INSURANCE CO., UNUM Provident Corp., and Kellwood Co., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

January 30, 2006.

Attorney(s) appearing for the Case

Anthony M. Pugliese, Clayton, MO, for Plaintiff.

Clark H. Cole, Winston E. Calvert, Armstrong Teasdale, LLP, Robert J. Golterman, Lewis and Rice, Melissa Z. &xis, Husch and Eppenberger, LLC, St. Louis, MO, for Defendants.

MEMORANDUM AND ORDER

HAMILTON, District Judge.

This matter is before the Court on Defendant Kellwood Company's Motion to Dismiss Count III. (Doc. No. 14). The case relates to a 401(k) plan Kellwood issued to Plaintiff Wootten's former wife. For the reasons discussed below, the Court grants in part and denies in part the Motion to Dismiss.

I. Background

Wootten filed his original petition in the Circuit Court of...

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