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MORNINGRED v. DELTA FAMILY-CARE & SURVIVORSHIP

C.A. No. 10-272-MPT.

790 F.Supp.2d 177 (2011)

Sharon MORNINGRED, Plaintiff, v. DELTA FAMILY-CARE & SURVIVORSHIP PLAN, Sedgwick Claim Management Services, INC., Defendants.

United States District Court, D. Delaware.

Order of Clarification June 30, 2011.

Attorney(s) appearing for the Case

Gary W. Aber , Aber, Baker & Over, Wilmington, DE, for Plaintiff.

Herbert Weiswasser Mondros , Margolis Edelstein , Dominick T. Gattuso , Proctor Heyman LLP, Wilmington, DE, John K. Larkins , John T. McDonald , Pro Hac Vice, for Defendants.

MEMORANDUM ORDER

MARY PAT THYNGE, United States Magistrate Judge.

Sharon Morningred filed suit against Delta Airlines, the Delta Family-Care & Survivorship Plan ("the Plan") and Sedgwick Claim Management Services (Sedgwick CMS) alleging a violation of § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA).1 Morningred asserts that Sedgwick CMS, the delegated administrator of the Plan, arbitrarily...

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