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MENDEZ v. TEACHERS INS. AND ANNUITY ASS'N

No. 91 Civ. 4873 (RPP).

789 F.Supp. 139 (1992)

Carmen Guaus MENDEZ, Plaintiff, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION and College Retirement Equities Fund, Defendants, Rose Diaz Cordes, as Executrix of the Estate of Leocadio V. Diaz, deceased, Additional Defendant on Counterclaim.

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

April 13, 1992.

Attorney(s) appearing for the Case

Hallinan & Camche by Joel T. Camche, New York City, for plaintiff.

Lane & Mittendorf by William E. Kelly, New York City, for defendants Teachers Ins. and Annuity Ass'n and College Retirement Equities Fund.

Evans & Evans by Paula C. Bartlett, Topsfield, Mass., for defendant Rose Diaz Cordes.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiff Carmen Guaus Mendez moves for summary judgment on her claim against the proceeds of certain retirement annuity contracts entered into by her husband Leocadio V. Diaz and Defendants Teachers Insurance and Annuity Association and College Retirement Equities Fund ("TIAA-CREF"). Plaintiff also moves for an award of attorney's fees pursuant to 29 U.S.C. § 1132(g)(1). TIAA-CREF moves for...

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