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BOLES v. UNUM LIFE INS. CO. OF AMERICA

No. 4:11CV3031.

847 F.Supp.2d 1161 (2012)

Scott A. BOLES, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, D. Nebraska.

January 24, 2012.

Attorney(s) appearing for the Case

Keith T. Peters, Shawn D. Renner, Cline, Williams Law Firm, Lincoln, NE, for Plaintiff.

Steven D. Davidson, Baird, Holm Law Firm, Omaha, NE, for Defendant.

MEMORANDUM AND ORDER

RICHARD G. KOPF, Senior District Judge.

This matter is before me on Defendant UNUM Life Insurance Company of America's ("UNUM") Motion for Judicial Determination of ERISA Application and Preemption. (Filing 20.) For the reasons discussed below, I will construe UNUM's motion as a motion for partial summary judgment and grant it.

BACKGROUND

On March 9, 2011, Scott A. Boles ("Boles") filed this matter asserting two claims...

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