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GARDELLA v. MUT. LIFE INS. CO. OF NEW YORK

Civ. No. B-87-652 (TFGD).

707 F.Supp. 627 (1988)

Constance GARDELLA, Plaintiff, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant.

United States District Court, D. Connecticut.

June 13, 1988.

Attorney(s) appearing for the Case

Mark E. Fuhrman, Stamford, Conn., for plaintiff.

Scott S. Centrella, Richard E. Castiglioni, Stamford, Conn., for defendant.

RULING ON DEFENDANT'S MOTION TO STRIKE

DALY, Chief Judge.

The above-captioned case was originally filed in state court as a breach of contract action. Upon defendant's petition, it was removed to this Court. Subsequently, plaintiff replaced the breach of contract claims with a two-count amended complaint seeking recovery of benefits due and for breach of fiduciary duty pursuant to Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§...

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