No. 3:97CV93-McK.

4 F.Supp.2d 466 (1998)

DIGNITY VIATICAL SETTLEMENT PARTNERS, Plaintiff, v. CEDALION SYSTEMS, INC., Unum Life Insurance Company of American, and Cedalion Systems Group Insurance Plan, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

April 20, 1998.

Attorney(s) appearing for the Case

Robert K. Trobich, Shuford, Hunter & Brown, P.A., Charlotte, NC, Luke DeGrand, Jennifer Holloway, Clark & DeGrand, Chicago, IL, for Dignity Viatical Settlement Partners, L.P.

George K. Evans, Jr., Cansler, Lockhart, Campbell, Evans, Bryant & Garlitz Charlotte, NC, for Umum Life Insurance Co. of America.


McKNIGHT, United States Magistrate Judge.

THIS MATTER is before the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(c) and the consent of the parties for ruling upon (1) Plaintiff's motion for summary judgment and (2) Defendant's motion for summary judgment.

I. Factual and Procedural Background

Plaintiff initiated this action on February 28, 1997 against Defendants to recover $45,000 in life insurance benefits allegedly...

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