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MIRTO v. AMALGAMATED RETAIL INS. FUND

No. 93 Civ. 7227 (DAB).

882 F.Supp. 1386 (1995)

Joseph R. MIRTO, D.C.P.C., Plaintiff, v. AMALGAMATED RETAIL INSURANCE FUND, Defendant.

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

April 11, 1995.

Attorney(s) appearing for the Case

Cartier, Hogan, Sullivan, Bernstein & Auerbach, Patchogue, NY (James K. Hogan, of counsel), for plaintiff.

Amalgamated Retail Ins. Fund, New York City (Mark Schwartz, of counsel), for defendant.

OPINION AND ORDER

BATTS, District Judge.

Plaintiff Joseph R. Mirto, D.C.P.C., brings this action against defendant Amalgamated Retail Insurance Fund to recover benefits under the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B). The defendant moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. For reasons more fully explained below, the motion...

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