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BARRACK v. UNUM AMERICAN LIFE INS. CO.

No. 3:04-CV-2649-H.

409 F.Supp.2d 782 (2006)

Robin BARRACK, Plaintiff, v. UNUM AMERICAN LIFE INSURANCE COMPANY; and Excel Communications, Inc., Health and Welfare Plan No. 503, Defendants.

United States District Court, N.D. Texas, Dallas Division.

January 5, 2006.

Attorney(s) appearing for the Case

Bernard A. Guerrini, Law Office of Bernard A. Guerrini, Dallas, TX, for Plaintiff.

Doug K. Butler, Figari & Davenport, Matthew R. Scott, Russell D. Chapman, Bell Nunnally & Martin, Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

SANDERS, Senior District Judge.

Before the Court are the following documents: Excel Communications, Inc., Health and Welfare Plan No. 503's ["Excel Plan"] 12(b)(6) Motion to Dismiss, and supporting brief, filed September 15, 2005; Plaintiff's Response to Defendant's Motion to Dismiss, and supporting brief, filed October 18, 2005; Excel Plan's Reply to Plaintiff's Response, filed October 25, 2005; Excel Plan's Response...

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