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HART v. GROUP SHORT TERM DISABILITY PLAN

No. CIV.A.04-K-859.

338 F.Supp.2d 1200 (2004)

Scott HART, Plaintiff, v. GROUP SHORT TERM DISABILITY PLAN FOR EMPLOYEES OF CAP GEMINI ERNST & YOUNG and Hartford Life & Accident Insurance Company, Defendants.

United States District Court, D. Colorado.

September 30, 2004.

Attorney(s) appearing for the Case

Brian A. Murphy, Atty. at Law, Denver, CO, for Plaintiff.

Parker Whitfield Dragovich, Holland & Hart, LLP, Greenwood Village, CO, for Defendants.

ORDER GRANTING MOTION FOR PARTIAL DISMISSAL OF CLAIMS

KANE, Senior District Judge.

This ERISA action is before me on Defendant Hartford's Partial [sic] Motion to Dismiss Pursuant to Fed.R.Civ.P. Rule 12(b)(6). The Motion seeks the dismissal of Plaintiff's Second Claim for Relief, originally on grounds that a plaintiff may not simultaneously claim entitlement to the payment of benefits under 29 U.S.C. §...

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