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SEALY, INC. v. NATIONWIDE MUT. INS. CO.

No. 1:02 CV 217.

286 F.Supp.2d 625 (2003)

SEALY, INC., as Plan Administrator for the Sealy, Inc. PPO Plan, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, State Farm Mutual Automobile Insurance Company, Allison Barman, Bruce Barman, Defendants.

United States District Court, M.D. North Carolina.

September 29, 2003.

Attorney(s) appearing for the Case

Debbie Weston Harden, Katherine T. Lange, Bradley Clayton Morris, Womble Carlyle Sandridge & Rice, PLLC, Charlotte, NC, for Sealy, Inc.

John M. Deangelis, Jim W. Phillips, Brooks Pierce McLendon Humphrey & Leonard, Greensboro, NC, Stephen C. Gray, Nelson M. Reid, Bricker & Eckler, Columbus, OH, for Nationwide Mut. Ins. Co.

Torin Lane Fury, Frazier & Frazier, L.L.P., Greensboro, NC, James Scott Lewis, Patterson Dilthey Clay Bryson & Anderson, LLP, Wilmington, NC, for State Farm Mut. Auto. Ins. Co.

Walter K. Burton, Stephanie W. Anderson, Burton & Sue, L.L.P., Greensboro, NC, for Allison Barman, Bruce Barman.

MEMORANDUM OPINION

OSTEEN, District Judge.

The court's role in this insurance coverage dispute is to determine the appropriate claimant of the fund at issue. Plaintiff Sealy, Inc. ("Sealy"), a plan sponsor, administrator and fiduciary of an Employee Retirement Income Security Act ("ERISA") qualified employee medical benefit plan, brought this action seeking a declaration of its rights pursuant to 28 U.S.C. § 2201, et seq., and Rule 57...

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