EUBANKS v. PRUDENTIAL INS. CO. OF AMERICA

No. 1:03 CV 00777.

336 F.Supp.2d 521 (2004)

Polly EUBANKS, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

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

September 2, 2004.


Attorney(s) appearing for the Case

Henry T. Drake, Drake & Pleasant, Wadesboro, NC, for Plaintiff.

Stephen A. Dunn, Emanuel and Dunn, Raleigh, NC, for Defendant.


MEMORANDUM OPINION

OSTEEN, District Judge.

Plaintiff Polly Eubanks initially filed this action in Richmond County Superior Court, and Defendant Prudential Insurance Company of America ("Prudential") subsequently filed a Notice of Removal, asserting federal question jurisdiction under 28 U.S.C. § 1331 and 29 U.S.C. § 1132(e) and (f). In response, Eubanks filed a Motion to Remand asserting lack of subject matter jurisdiction. Subsequently, Prudential...

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