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MARCUM v. ZIMMER

Civ. A. No. 1:94-0246.

887 F.Supp. 891 (1995)

Wilbert MARCUM, Plaintiff, v. ZIMMER, et al., Defendants.

United States District Court, S.D. West Virginia, Bluefield Division.

June 7, 1995.

Attorney(s) appearing for the Case

Juliet Walker Rundle, Pineville, WV, for plaintiff.

Kevin A. Nelson, Kay, Casto, Chaney, Love & Wise, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the defendants' motions to dismiss and for summary judgment. Plaintiff has responded only to the motion for summary judgment, and defendants have replied. These matters are ripe for adjudication.

I.

Mr. Marcum filed this action against 1) his former employer, Zimmer, Inc. ("Zimmer"), 2) Thomas L. Jacobs & Associates, Inc., a claims administrator for his ERISA

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