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SIMMONS v. PRUDENTIAL INS. CO. OF AMERICA

No. 4:06-CV-212-D.

564 F.Supp.2d 515 (2008)

Oscar SIMMONS, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant

United States District Court, E.D. North Carolina, Eastern Division.

May 15, 2008.

Attorney(s) appearing for the Case

David J. Ward, The Ward Law Firm, Raleigh, NC, Diane Baysinger, Cary, NC, for Plaintiff.

Stephen A. Dunn, James M. Mason, Emanuel & Dunn, PLLC, Raleigh, NC, for Defendant.

ORDER

JAMES C. DEVER III, District Judge.

Oscar Simmons ("plaintiff or "Simmons") seeks continuation of his group life insurance coverage under the Extended Death Benefit During Total Disability provision ("Extended Death Benefits" or "Benefits") of Group Contract No. G-41800 ("the Plan"). The Plan is an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., that defendant...

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