RULING ON MOTION TO DISMISS
NEVAS, District Judge.
In this one-count action pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., John F. Tracey, Jr. ("Tracey") sues his former employer, Heublein, Inc. ("Heublein"), for the recovery of certain pension plan benefits. Heublein now moves to dismiss the substituted complaint. For the reasons that follow, the court grants Heublein's motion to dismiss.
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