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CORNELIO v. CONSOLIDATED RAIL CORP.

Civ. No. B-82-759 (PCD).

585 F.Supp. 490 (1984)

Philip CORNELIO v. CONSOLIDATED RAIL CORP.

United States District Court, D. Connecticut.

May 2, 1984.

Attorney(s) appearing for the Case

Morgan P. Ames, Roxanne Khazarian, Cummings & Lockwood, Stamford, Conn., for plaintiff.

Janet C. Hall, David C. Stohler, Robinson, Robinson & Cole, Hartford, Conn., for defendant.

RULING ON DEFENDANT'S MOTION TO DISMISS

DORSEY, District Judge.

A knotty problem of statutory construction lies at the core of defendant's motion to dismiss and to strike count two of this action. For the reasons set forth below, the proper construction to be accorded the relevant provision of the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001, et seq., requires that the motion to dismiss be granted. Plaintiff's action...

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