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FALCONE v. PROVIDENT LIFE & ACC. INS. CO.

Case No. 2:08-CV-300.

651 F.Supp.2d 760 (2009)

Robert E. FALCONE, M.D., F.A.C.S., Plaintiff, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Defendant.

United States District Court, S.D. Ohio, Eastern Division.

September 9, 2009.

Attorney(s) appearing for the Case

Edward Reilley Forman, Marshall and Morrow LLC, John Spenceley Marshall, Columbus, OH, Louis Abraham Jacobs, Marshall and Morrow LLC, Desert Hot Springs, CA, for Plaintiff.

Brett K. Bacon, Emily C. Fiftal, Frantz Ward LLP, Cleveland, OH, for Defendant.

OPINION AND ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on the Cross Motions for Partial Summary Judgment of Robert E. Falcone, M.D., F.A.C.S. ("Dr. Falcone") and Provident Life & Accident Insurance Company ("Provident"). Both parties move for summary judgment on the issue of applicability of the Employee Retirement Income Security Act to Dr. Falcone's claims. For the reasons listed below, Dr. Falcone...

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