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CLARK v. BASF SALARIED EMPLOYEES' PENSION PLAN

No. CIV. 1:03CV213.

329 F.Supp.2d 694 (2004)

Randy Barron CLARK, Plaintiff, v. BASF SALARIED EMPLOYEES' PENSION PLAN, Defendant.

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

July 8, 2004.

Attorney(s) appearing for the Case

Phyllis A. Palmieri, Morganton, NC, for Plaintiff.

Louis A. Bledsoe, III, Julian H. Wright, Jr., Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, for Defendant.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendant's motion to dismiss, filed January 30, 2004, the Plaintiff's request for a hearing, filed March 1, 2004, the Plaintiff's motion pursuant to Federal Rule of Civil Procedure 56(f), filed March 1, 2004, and the Defendant's motion to dismiss the first amended complaint, filed June 4, 2004.

I. PROCEDURAL HISTORY

Plaintiff initiated...

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