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McCAY v. DRUMMOND CO., INC.

Case No. 2:08-CV-1978-VEH.

823 F.Supp.2d 1221 (2011)

Kevin McCAY, Plaintiff, v. DRUMMOND COMPANY, INC., Defendant.

United States District Court, N.D. Alabama, Southern Division.

November 10, 2011.

Attorney(s) appearing for the Case

Myron K. Allenstein , Rose Marie Allenstein , Allenstein & Associates, Gadsden, AL, for Plaintiff.

James C. Pennington , Brian R. Bostick , Ogletree Deakins Nash Smoak & Stewart PC, Birmingham, AL, for Defendant.

MEMORANDUM OPINION

VIRGINIA EMERSON HOPKINS, District Judge.

I. INTRODUCTION

Plaintiff Kevin McCay ("McCay") initiated this lawsuit against his former employer, Defendant Drummond Company, Inc. ("Drummond") on September 29, 2008, in the Circuit Court of Etowah County, Alabama. (Doc. 1 at Ex. 1). On October 24, 2008, Drummond removed the case to this court on the basis that McCay's claims against it arise under the Employee Retirement Income...

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