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GLENCOE v. TEACHERS INSURANCE AND ANNUITY ASS'N

Nos. Civ.A. 2:99-0015, Civ.A. 2:99-0115.

69 F.Supp.2d 849 (1999)

Catherine L. GLENCOE, Plaintiff, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York corporation, Defendant.

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

October 12, 1999.

Attorney(s) appearing for the Case

William H. Scharf, Charleston, WV, for plaintiff.

Clement D. Carter, Carter & Young, Clarksburg, WV, Sean F. Murphy, David R. Weiser, McGuire, Woods, Battle & Boothe, McLean, VA, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendant's Motion for Summary Judgment. For the reasons stated below, the motion is GRANTED.

I. SUMMARY JUDGMENT

Our Court of Appeals has often stated the settled standard and shifting burdens governing the disposition of a motion for summary judgment:

Rule 56(c) requires that the district court enter judgment against a party who, "after adequate time...

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