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HABER v. BROWN

No. 90 Civ. 2174 (RPP).

774 F.Supp. 877 (1991)

David M. HABER and Stephen Hersh, Individually and in their capacities as Trustees of the Monmouth Investments, Inc. Defined Benefit Pension Plan, Plaintiffs, v. Arden BROWN, Jesse Sofer and C.B. Planning, Inc., Washington National Life Insurance Company of New York and Mutual Benefit Life Insurance Company, Defendants.

United States District Court, S.D. New York.

October 10, 1991.

Attorney(s) appearing for the Case

Robert J. Poulson, Jr., New York City, for plaintiffs.

Kroll & Tract by Neil B. Connelly, New York City, for defendant Washington Nat. Life Ins. Co.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is an action for injunctive relief and damages alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA). Defendant Washington National Life Insurance Company (Washington National) moves to dismiss the claims against it pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure. For the reasons set forth below, defendant's motion to dismiss pursuant...

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