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NEAL v. GENERAL MOTORS CORP.

No. 3:01CV662MU.

266 F.Supp.2d 449 (2003)

Fredrick NEAL, Executor of the Estate of Marilyn Godby-Neal, Plaintiff, v. GENERAL MOTORS CORPORATION, and Fidelity Investments Institutional Services Company, Inc., Defendants.

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

June 11, 2003.

Attorney(s) appearing for the Case

Annika Marie Goff, Griffin, Smith, Caldwell, Helder & Lee, P.A., Monroe, NC, for plaintiff.

Lee M. Whitman, Wyrick, Robbins, Yates & Ponton, Raleigh, NC, for defendants.

ORDER

MULLEN, Chief Judge.

THIS MATTER comes before the court upon cross-motions for summary judgment filed on February 28, 2003. Both partis have filed their respective responses and replies, so the matter is ripe for consideration at this time.

PROCEDURAL HISTORY

Plaintiff, the estate of an ERISA plan beneficiary, brought action seeking declaratory judgment verifying entitlement to monies paid from the plan.1...

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