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MORGAN v. THE PRUDENTIAL INSU. CO. OF AMERICA

Civil Action No. 10-1000.

755 F.Supp.2d 639 (2010)

Duane MORGAN v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA.

United States District Court, E.D. Pennsylvania.

November 18, 2010.

Attorney(s) appearing for the Case

Richard J. Heleniak , Messa & Associates, P.C., Philadelphia, PA, for Duane Morgan.

Allison N. Suflas , Jeremy P. Blumenfeld , Sarah Elise Pontoski , Morgan Lewis & Bockius LLP, Philadelphia, PA, for The Prudential Insurance Company of America.

MEMORANDUM OPINION

SAVAGE, District Judge.

In this action brought pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), Duane Morgan ("Morgan") challenges The Prudential Insurance Company of America's ("Prudential") denial of his claim for long term disability benefits. The factual issue is not whether Morgan is disabled, but what caused his disability. Morgan contends his disability is caused by fibromyalgia. Prudential argues...

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