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SCHWARZWAELDER v. MERRILL LYNCH & CO., INC.

Civil Action No. 04-1879.

606 F.Supp.2d 546 (2009)

Cheryl SCHWARZWAELDER, Plaintiff, v. MERRILL LYNCH & CO., INC. and Metropolitan Life Insurance Co., Defendants.

United States District Court, W.D. Pennsylvania.

March 9, 2009.

Attorney(s) appearing for the Case

Joseph H. Chivers, Pittsburgh, PA, for Plaintiff.

John David Collins, William B. Wahlheim, Jr., Maynard, Cooper & Gale, Birmingham, AL, Sarah E. Diedrich, Schnader, Harrison, Segal & Lewis, Pittsburgh, PA, Ray F. Middleman, Malone Middleman, Wexford, PA, Veronica W. Saltz, Saltz Polisher P.C., Wayne, PA, for Defendants.

MEMORANDUM OPINION AND ORDER

TERRENCE F. McVERRY, District Judge.

I. CONCLUSION

The Motion for Summary Judgment filed by Defendant will be denied and the Motion for Summary Judgment filed by Plaintiff will be granted, as Defendant Metropolitan Life Insurance Company's ("MetLife" or the "Administrator") denial of benefits on remand constituted an abuse of discretion in light of (a) the applicable Plan provisions and (b...

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