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ATKINS v. GUARDIAN LIFE INS. CO. OF AMERICA

Civil Action No. 12-70-HRW.

969 F.Supp.2d 788 (2013)

Frances ATKINS, Plaintiff, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, E.D. Kentucky, Northern Division, Ashland.

August 26, 2013.

Attorney(s) appearing for the Case

Dwight O. Bailey , Flatwoods, KY, for Plaintiff.

David Eric Lycan , Steptoe & Johnson, PLLC, Lexington, KY, Sara E. Hauptfuehrer , Steptoe & Johnson PLLC, Bridgeport, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

HENRY R. WILHOIT, JR., District Judge.

This matter is before the Court upon the parties' cross Motions for Judgment as a Matter of Law [Docket No. 19 and 20]. The motions have been fully briefed by the parties [Docket Nos. 21, 22, 23, 24, 25 and 26]. The Court having reviewed the parties' briefs as well as the Administrative Record [Docket No. 15] finds that the Defendant is entitled to judgment as a matter of law.

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