District Court, E.D. North Carolina November 12, 2003, 5:02-cv-00811 (Metcalf v. Fasco Employee Retirement Plan)

ORDER

TERRENCE WILLIAM BOYLE, Chief Judge.

This matter is before the Court on Plaintiffs and Defendant’s Cross-Motions for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, Defendant’s Motion for Summary Judgment is GRANTED, and Plaintiffs Motion for Summary Judgment is DENIED.

BACKGROUND

On July 25, 2002, Plaintiff, a former Fasco Industries, Inc.