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PERLMAN v. SWISS BANK CORP.

No. 95 C 6610.

916 F.Supp. 843 (1996)

Judith PERLMAN, Plaintiff, v. SWISS BANK CORPORATION COMPREHENSIVE DISABILITY PROTECTION PLAN, Swiss Bank Corporation Short-Term Disability Plan, Swiss Bank Corporation Long-Term Disability Plan, Swiss Bank Corporation, Thomas L. Jacobs & Associates, Inc., UNUM America, and First UNUM Life Insurance Company, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

February 27, 1996.

Attorney(s) appearing for the Case

George Edward Weaver, Law Office of George E. Weaver, Chicago, IL, for Judith Perlman.

Thomas B. Quinn, Jody Lynn Rudman, Schiff, Hardin & Waite, Chicago, IL, for Swiss Bank Corporation Short-Term Disability Plan, Swiss Bank Corporation Long-Term Disability Plan, Swiss Bank Corporation.

Mary Patricia Benz, Catherine J. Casey, Quinlan & Crisham, P.C., Chicago, IL, for Thomas L. Jacobs & Associates, Inc., UNUM America, UNUM Life Insurance Company of America.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Several defendants have filed a motion to dismiss Ms. Perlman's complaint seeking benefits under ERISA. For the reasons stated below, Count I of plaintiff's complaint will not be dismissed, but the allegations of paragraph 16 and the requests for compensatory and punitive damages will be stricken. Count II will be dismissed.

In Count I, Ms. Perlman claims a "wrongful failure to pay benefits...

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