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BASS v. PRUDENTIAL INS. CO. OF AMERICA

Civ. A. No. 89-2356-O.

751 F.Supp. 192 (1990)

A. Diana BASS, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Defendants.

United States District Court, D. Kansas.

October 22, 1990.

Attorney(s) appearing for the Case

Donna M. Dill, Field, Gentry, Benjamin & Robertson, P.C., Overland Park, Kan., for plaintiff.

Robert W. McKinley, Craig T. Kenworthy, Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., for Prudential Ins. Co. of America.

Laurence L. Duncan, J.C. Penney Co., Inc., Legal Dept., Dallas, Tex., Wm. Dirk Vandever, Mark Buchanan, Popham, Conway, Sweeny, Fremont & Bundschu, Kansas City, Mo., David W. Hauber, Boddington & Brown, Kansas City, Kan., for J.C. Penney Co., Inc.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on two motions of defendants Prudential Insurance Company of America (hereinafter "Prudential") and J.C. Penney Company, Inc. (hereinafter "J.C. Penney"). Defendants originally requested the court to dismiss or, in the alternative, to strike plaintiff's claims because said claims were not properly asserted under the Employee Retirement Income Security Act (hereinafter...

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