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GIEGER v. UNUM LIFE INS. CO. OF AMERICA

No. 5:01CV2701.

213 F.Supp.2d 813 (2002)

Joann and Wendel GIEGER, Plaintiffs, v. UNUM LIFE INSURANCE COMPANY OF AMERICA et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

August 7, 2002.

Attorney(s) appearing for the Case

Lawrence J. Scanlon, Michael J. Elliot, Scanlon & Company, Akron, OH, for Plaintiffs.

Brett K. Bacon, Michael J. Holleran, Frantz Ward, Cleveland, OH, Harley M. Kastner, Kenneth M. Haneline, Kastner, Westman & Wilkins, Akron, OH, for Defendants.

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

Now before the Court is a motion by defendant Unum Life Insurance Company of America ("UNUM") to dismiss the plaintiffs' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and to strike the plaintiffs' demand for a jury trial (Doc. # 8). The plaintiffs, Jo Ann and Wendell Gieger, oppose (Doc. # 30). For the following reasons, the Court grants in part and denies in part UNUM's motion.

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