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CHEREPINSKY v. SEARS ROEBUCK AND CO.

C.A. No. 206-1269-PMD.

455 F.Supp.2d 470 (2006)

Robert J. CHEREPINSKY, Plaintiff, v. SEARS ROEBUCK AND CO. and Sears Transition Pay Plan, Defendants.

United States District Court, D. South Carolina, Charleston Division.

September 8, 2006.

Attorney(s) appearing for the Case

Jarrel L. Wigger, Wigger Law Firm, North Charleston, SC, for Plaintiff.

Benjamin P. Glass, James Bernard Spears, Jr., Ogletree Deakins Nash Smoak and Stewart, Charleston, SC, Vance Earle Drawdy, Ogletree Deakins Nash Smoak and Stewart, Greenville, SC, for Defendants.

ORDER

DUFFY, District Judge.

This matter is before the court upon Defendants' motion to strike and motion to dismiss certain specified causes of action. For the reasons set forth herein, the court grants Defendants' motion to strike and grants in part and denies in part Defendants' motion to dismiss.

BACKGROUND

On April 27, 2006, Plaintiff Robert J. Cherepinsky ("Cherepinsky" or "Plaintiff')

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