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PROTOCARE OF MET. N.Y. v. MUTUAL ASS'N ADMIN. INC.

No. 93 Civ. 8871 (MBM).

866 F.Supp. 757 (1994)

PROTOCARE OF METROPOLITAN N.Y., INC., Plaintiff, v. MUTUAL ASSOCIATION ADMINISTRATORS, INC. and Neighborhood Cleaners Association Employees Benefit Plan, Defendants.

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

October 18, 1994.

Attorney(s) appearing for the Case

Abraham Wax, New York City, for plaintiff.

Allen B. Breslow, Jonathan D. Farrell, Steven Neuwirth, Frank & Breslow, Melville, NY, for defendants.

OPINION and ORDER

MUKASEY, District Judge.

Plaintiff Protocare of Metropolitan N.Y., Inc. has brought this action against Mutual Association Administrators, Inc. and Neighborhood Cleaners Association Employees Benefit Plan alleging breach of contract and violation of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1132. Defendants have moved to dismiss both claims, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6...

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