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KENNY v. LIFE INS. CO. OF NORTH AMERICA

Civil Action No. 7:10cv00293.

772 F.Supp.2d 750 (2011)

Michael J. KENNY, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

March 18, 2011.

Attorney(s) appearing for the Case

Susan A. Waddell , Guynn Memmer & Dillon, PC, Salem, VA, for Plaintiff.

George Everitt Kostel , Nelson Mullins Riley & Scarborough LLP, Washington, DC, Zoe Sanders Nettles , Nelson Mullins Riley & Scarborough, LLP, Columbia, SC, for Defendant.

MEMORANDUM OPINION

SAMUEL G. WILSON, District Judge.

This is a declaratory judgment action by plaintiff, Michael J. Kenny, pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), seeking a declaration that defendant, Life Insurance Company of North America ("LINA"), has wrongfully determined that Kenny is no longer disabled under his employee benefit plan (the "Plan") and refused to waive Kenny's...

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