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BERLO v. McCOY

No. C-87-76-L.

710 F.Supp. 873 (1989)

Richard F. BERLO v. James F. McCOY, Administrator.

United States District Court, D. New Hampshire.

February 6, 1989.

Attorney(s) appearing for the Case

Craig & Wenners, P.A. by Gary L. Casinghino, Manchester, N.H., for plaintiff.

Sheehan, Phinney, Bass & Green, P.A. by Alan P. Cleveland, Manchester, N.H., Murphy, Hesse, Toomey & Lehane by Lisa A. Sinclair, Michael C. Lehane, Katherine A. Hesse, Quincy, Mass., for defendant.

ORDER ON MOTION TO STRIKE JURY DEMAND

LOUGHLIN, District Judge.

This is an action commenced pursuant to the Employee Retirement Income Security Act (ERISA) 29 U.S.C. § 1132. The court's jurisdiction is premised upon 29 U.S.C. § 1132(e)(1) and 28 U.S.C. § 1331. The defendant has filed a motion to strike the plaintiff's demand for a jury trial.

The facts as alleged in the complaint reveal the following. The plaintiff, Richard Berlo,...

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