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MARKS CONSTRUCTION CO., INC. v. HUNTINGTON NATIONAL BANK

Civil Action No. 1:05CV73.

614 F.Supp.2d 700 (2009)

MARKS CONSTRUCTION CO., INC., a West Virginia corporation on behalf of Marks Construction Co., Inc. 401(k) Profit Sharing Plan and James Marks, Karen Marks, Angela Davis and Richard Straight, all individual participants thereunder, Plaintiff, v. The HUNTINGTON NATIONAL BANK and Sharon Hughes, Defendants.

United States District Court, N.D. West Virginia.

January 23, 2009.

Attorney(s) appearing for the Case

Michael J. Romano, Clarksburg, WV, for Plaintiffs.

Evans L. King, Jr., Sara E. Hauptfuehrer, Steptoe & Johnson, PLLC, Clarksburg, WV, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION TO AMEND STATE COURT COMPLAINT TO STATE ERISA CAUSES OF ACTION

FREDERICK P. STAMP, JR., District Judge.

I. Procedural History

Plaintiff Marks Construction Company, Inc. ("Marks Construction"), on behalf of its 401(k) profit sharing plan, and James Marks, Karen Marks, Angela Davis, and Richard Straight...

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