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OSCAR A. SAMOS, M.D. v. DEAN WITTER REYNOLDS, INC.

Civ. A. No. 91-0209 P.

772 F.Supp. 715 (1991)

OSCAR A. SAMOS, M.D., INC., as Trustee of the Oscar A. Samos, M.D., Inc., Profit Sharing Plan and as Trustee of the Oscar A. Samos, M.D., Inc. Money Purchase Pension Plan, and Oscar A. Samos, Plaintiffs, v. DEAN WITTER REYNOLDS, INC., Alias, Defendant.

United States District Court, D. Rhode Island.

September 13, 1991.

Attorney(s) appearing for the Case

Mark B. Morse, Providence, R.I., for plaintiffs.

George Vetter, Brooks Magratten, Vetter & White, Providence, R.I., for defendant.

PETTINE, Senior District Judge.

MEMORANDUM AND ORDER

The complaint in this case is based on the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq., and common law negligence. Defendant moves to dismiss the complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6) and moves to strike the plaintiffs' demand for a jury trial. As set forth below, defendant's motion is granted in part and denied in part.

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