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MILLER v. PPG INDUSTRIES, INC.

Civil Action No. 3:02CV-534-H.

237 F.Supp.2d 756 (2002)

Gary MILLER, Plaintiff, v. PPG INDUSTRIES, INC., Defendant.

United States District Court, W.D. Kentucky, at Louisville.

December 3, 2002.

Attorney(s) appearing for the Case

Donald L. Cox, John D. Cox, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, KY, for plaintiff.

Richard S. Cleary, Craig P. Siegenthaler, Greenebaum Doll & McDonald, Louisville, KY, for defendant.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

The Court now considers Plaintiff's Motion to Remand. Plaintiff filed his complaint against his employer, Defendant PPG Industries, Inc., in Jefferson Circuit Court, alleging that after he became disabled and could no longer work, Defendant failed to make proper contractual payments owed him. Defendant removed the case to federal court arguing that 29 U.S.C. § 1144(a), the Employee Retirement

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