CONTIE, Senior Circuit Judge. Plaintiff-appellant, Herbert VanderKlok, appeals, and defendant-appellee, Provident Life and Accident Insurance Co., Inc., cross appeals from the district court’s order dismissing count one of plaintiff’s complaint, alleging violation of 29 U.S.C. § 1132 (c), pursuant to Fed.R.Civ.P. 12(b)(6), and granting summary…
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