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SULLIVAN v. LTV AEROSPACE AND DEFENSE CO.

No. 91-CV-713S.

850 F.Supp. 202 (1994)

William SULLIVAN, et al., Plaintiffs, v. LTV AEROSPACE AND DEFENSE COMPANY, et. al., Defendants.

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

April 14, 1994.

Attorney(s) appearing for the Case

Alan J. Bozer, Albrecht, Maguire, Heffern & Gregg, P.C., Buffalo, NY, for plaintiffs.

Earl K. Cantwell, II, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, NY, for defendants.

DECISION AND ORDER

SKRETNY, District Judge.

INTRODUCTION

Presently before this Court is defendant's motion to strike plaintiffs' jury demand, pursuant to Fed.R.Civ.P. 12(f). Defendants argue that § 502(a)(1)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), does not expressly or impliedly provide for a jury trial to enforce the terms of an ERISA plan. Furthermore, defendants argue that plaintiffs...

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