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SMITH v. CONTINENTAL CAS. CO.

No. CIV. WDQ-02-3049.

289 F.Supp.2d 706 (2003)

Neal S. SMITH, Plaintiff, v. CONTINENTAL CASUALTY COMPANY Defendant.

United States District Court, D. Maryland, Northern Division.

October 27, 2003.

Attorney(s) appearing for the Case

Scott Bertram Elkind, Stephen F Shea, Elkind and Shea, Silver Spring, MD, for Neal S. Smith, Plaintiff.

Bryan D Bolton, Hisham Mutwakil Amin, Michael R McCann, Funk and Bolton PA, Baltimore, MD, for Continental Casualty Company, Defendant.

MEMORANDUM OPINION AND ORDER

QUARLES, District Judge.

BACKGROUND

The Plaintiff, Neal Smith ("Mr.Smith"), sued the Defendant, Continental Casualty Company ("Continental"), for wrongful denial of his claim for long-term disability benefits, pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA").1 In a Memorandum Opinion dated August 4, 2003, the Court granted in

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