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McCONOCHA v. BLUE CROSS AND BLUE SHIELD OF OHIO

No. 3:93CV7534.

898 F.Supp. 545 (1995)

Jeffrey McCONOCHA, et al., Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF OHIO, Defendant.

United States District Court, N.D. Ohio, Western Division.

August 29, 1995.

Attorney(s) appearing for the Case

Dennis E. Murray, Sr. and Kirk J. Delli Bovi, Murray & Murray, Sandusky, OH, and Marvin L. Karp, Ulmer & Berne, Cleveland, OH, for plaintiffs.

Paul S. Lefkowitz, Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Cleveland, OH, Fritz Byers, Toledo, OH, and Troy L. Moore, Scott, Ballinger & Moore, Toledo, OH, for defendant.

MEMORANDUM & ORDER

CARR, District Judge.

This is a case under the Employee Retirement Income Security Act of 1974 as amended (ERISA). Plaintiffs assert claims for benefits under 29 U.S.C. § 1132(a)(1)(B) and breach of fiduciary duties under 29 U.S.C. §§ 1109(a) and 1106(b). Pending are defendant's motion to strike and cross-motions for summary judgment.

For the following reasons, the motion to strike shall be overruled as moot...

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