MEMORANDUM OPINION AND ORDER
KANE, District Judge.
Plaintiff's complaint currently raises two claims for relief: a violation of 29 U.S.C. § 1140, a statutory provision of ERISA, and a claim for punitive damages. Both parties have moved for summary judgment on the issue of whether the contractual agreement between plaintiff and defendant Salida Coca-Cola is a "plan" as defined by ERISA, 29 U.S.C. § 1001 et seq. "[T]he existence of a `plan...
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