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ELLZEY v. CARTER

No. 2:92cv683 (DJS).

920 F.Supp. 26 (1995)

William J. ELLZEY, M.D., as Trustee of the William J. Ellzey, M.D., P.C., Pension and Profit Sharing Plans, Plaintiff, v. Daniel CARTER, Michael Levine, Levine Life Associates, Inc., Levine Financial Services, Inc., and Retirement Planning Associates Inc., Defendants.

United States District Court, D. Connecticut.

October 10, 1995.

Attorney(s) appearing for the Case

Joseph V. Meaney, Jr., Margaret Fogerty Rattigan, Cranmore, Fitzgerald & Meaney, Hartford, CT, for William J. Ellzey, M.D.

Duncan B. Hume, Stamford, CT, for Daniel Carter, Michael Levine, Levine Life Associates, Inc., Levine Financial Services, Inc., Retirement Planning Associates.

MEMORANDUM OPINION AND ORDER

SQUATRITO, District Judge.

Plaintiff filed this action on August 12, 1992, alleging that Defendants had violated their fiduciary obligations under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq. The case is now before the court on cross motions for summary judgment. The sole issue presented is whether the Defendants were fiduciaries within the meaning of 29 U.S.C. §...

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