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KERRY v. SOUTHWIRE CO. & AFFILIATES EMPLOYEE BEN. PLAN

No. 2:04-CV-147PGC.

324 F.Supp.2d 1225 (2004)

Bob KERRY, individually and as guardian and conservator for his minor son, Austin Kerry, Plaintiff, v. SOUTHWIRE COMPANY & AFFILIATES EMPLOYEE BENEFIT PLAN, Defendants.

United States District Court, D. Utah, Central Division.

July 2, 2004.

Attorney(s) appearing for the Case

Brian S King, Salt Lake City, UT, for plaintiff.

Charles P Sampson, Suitter Axland, Salt Lake City, for defendant.

ORDER DENYING DEFENDANTS' COMBINED MOTION TO DISMISS

CASSELL, District Judge.

This matter is before the court on Defendants' Combined Motion to Dismiss. Defendants' sole argument is that Plaintiff's claim is barred by the applicable statute of limitations. The court disagrees and hereby DENIES the motion to dismiss.

BACKGROUND

Plaintiff Bob Kerry is the father of the minor child Austin Kerry. Kerry works for Southwire Company and...

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