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LUCAS v. WARNER & SWASEY CO.

Civ. A. No. 79-1089.

475 F.Supp. 1071 (1979)

John LUCAS v. WARNER & SWASEY COMPANY.

United States District Court, E. D. Pennsylvania.

September 4, 1979.

Attorney(s) appearing for the Case

Lawrence D. Levin, Norristown, Pa., for plaintiff.

Robert W. Lees, and Jeffrey L. Pettit, Philadelphia, Pa., for defendant.

MEMORANDUM

BECHTLE, District Judge.

Presently before the Court is the motion of defendant Warner & Swasey Company ("Warner") to dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6), on the ground that plaintiff John Lucas ("Lucas") has failed to exhaust internal remedies in respect to his claim arising under an employee benefit plan.1...

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