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LEWIS v. AETNA LIFE INS. CO.

Civil Action No. 97-1230-A.

982 F.Supp. 1158 (1997)

Harold LEWIS, Plaintiff, v. AETNA LIFE INSURANCE COMPANY, and Kmart Corporation, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

October 24, 1997.

Attorney(s) appearing for the Case

Victor M. Glasberg, Jeanne Goldberg, Alexandria, VA, for plaintiff.

Phyllis E. Andes, John C. Fox, Craig A. Selness, Fenwick & West, LLP, Washington, DC, for Kmart.

Ronald S. Cooper, Tracy Zorpette, Brian A. Davis, Steptoe & Johnson, LLP, Washington, DC, for Aetna.

MEMORANDUM OPINION

BRINKEMA, District Judge.

Before the Court are the defendants' Motions to Dismiss, and plaintiff's Motion for Preliminary Injunction, in a case of first impression in the Fourth Circuit.

I. Factual Background

Plaintiff, Harold Lewis, is a 43 year-old Virginia resident who has suffered from severe depression since 1979.1 After the onset of his condition, plaintiff sought and received...

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