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DONALD v. VIRGINIA ELEC. & POWER CO.

No. 4:98-CV-38-H3.

7 F.Supp.2d 694 (1998)

Stanley M. DONALD, Plaintiff, v. VIRGINIA ELECTRIC AND POWER COMPANY and Virginia Electric and Power Company d/b/a North Carolina Power, Defendant.

United States District Court, E.D. North Carolina, Eastern Division.

June 8, 1998.

Attorney(s) appearing for the Case

Gilbert W. Chichester, Littleton, NC, for Stanley M. Donald, plaintiff.

Randall D. Avram, Maria E. Hallas, Hunton & Williams, Raleigh, NC, for Virginia Electric & Power Company.

ORDER

MALCOLM J. HOWARD, District Judge.

Plaintiff initially filed this action against Virginia Electric and Power Co. ("VEPCO"), his former employer, in the Superior Court of Halifax County, North Carolina. Plaintiff alleged in his complaint that he had been fired during a corporate downsizing because of his age, in violation of the public policy of North Carolina. Maintaining that § 502(a) of the Employee Retirement Security Act ("ERISA"), codified...

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