Moore v. Reynolds Metals Co. Retirement Program for Salaried Employees

SPIEGEL, District Judge:

This matter came before the Court on cross-motions for summary judgment (docs. 17, 19) and supplemental and opposing memoranda (docs. 21, 22, 23). There being no genuine issue as to any material fact, judgment is hereby entered with respect to plaintiff’s first cause of action for defendant. With respect to plaintiff’s second cause of action, however, judgment is hereby entered for plaintiff.

Plaintiff in this diversity action alleges defendant’s breach of contract with respect to death benefits from a retirement plan and seeks a declaration of rights and an award of…