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ROCHESTER RADIOLOGY ASSOCIATES v. AETNA LIFE INS.

No. CIV-84-742T.

616 F.Supp. 985 (1985)

ROCHESTER RADIOLOGY ASSOCIATES, P.C., Contractholder, and Arthur J. Segal, M.D., Robert M. Spitzer, M.D., and Kenneth E. Robinson, M.D., Trustees of and Participants in the Rochester Radiology Associates, P.C. Profit-Sharing Plan, Plaintiffs, v. AETNA LIFE INSURANCE COMPANY, Defendant.

United States District Court, W.D. New York.

May 14, 1985.

Attorney(s) appearing for the Case

Goldstein, Goldman, Kessler & Underberg, Rochester, N.Y. (Sharon Stiller, Rochester, N.Y., of counsel), for plaintiffs.

Nixon, Hargrave, Devans & Doyle, Rochester, N.Y. (William S. Brandt, Rochester, N.Y., of counsel), Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, Miami, Fla. (James F. Jorden, Miami, Fla., of counsel), for defendant.

DECISION and ORDER

TELESCA, District Judge.

INTRODUCTION

This action is before me by way of defendant Aetna's motion for judgment on the pleadings. Plaintiffs have brought three causes of action, sounding in breach of contract, breach of fiduciary duty, and violation of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Chapter 18, subchapter 1. Defendant has moved to dismiss the action, claiming that it did not breach the contract...

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