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CROUCH v. SIEMENS SHORT-TERM DISABILITY PLAN

Civil Action No. 2:08-0866.

662 F.Supp.2d 553 (2009)

Maxfield CROUCH, Plaintiff, v. SIEMENS SHORT-TERM DISABILITY PLAN, Siemens Long-Term Disability Plan, Metropolitan Life Insurance Company, and DOES 1 through 5, inclusive, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

September 29, 2009.

Attorney(s) appearing for the Case

John Patrick L. Stephens, Mark F. Underwood, Underwood & Proctor Law Offices, Huntington, WV, for Plaintiff.

John David Fenwick, Goodwin & Goodwin, Charleston, WV, Kathleen M. McDaniel, McGuire Woods, Richmond, VA, Victoria L. Wilson, Goodwin & Goodwin, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

DAVID A. FABER, Senior District Judge.

Pending before the court are the parties' cross-motions for summary judgment (Doc. Nos. 20, 23), as well as plaintiff's motion to strike defendants' memorandum in opposition (Doc. No. 27). For the reasons set forth below, the court denies the latter motion, denies defendants' motion for summary judgment, and grants in part plaintiff's motion for summary judgment.

I.

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