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CAVALLO v. UTICA-WATERTOWN HEALTH INS. CO., INC.

No. 96-CV-933.

985 F.Supp. 72 (1997)

Thomas CAVALLO, Plaintiff, v. UTICA-WATERTOWN HEALTH INSURANCE COMPANY, INC., f/k/a Blue Cross and Blue Shield of Utica-Watertown, Inc., Defendant.

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

November 10, 1997.

Attorney(s) appearing for the Case

Getnick Livingston Atkinson Gigliotti & Priore, LLP (Louis P. Gigliotti, of counsel), Utica, NY, Dyer Donnelly (F. James Donnelly, of counsel), Denver, CO, Hagens & Berman (Steve W. Berman, Clifford A. Cantor, of counsel), Seattle, WA, for Plaintiff.

Hinman, Straub, Pigors & Manning, P.C. (Beverly Cohen, of counsel), Albany, NY, for Defendant.

MEMORANDUM-DECISION and ORDER

HURD, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff brings this action pursuant to the Employee Retirement Income Security Act, as amended ("ERISA"), 29 U.S.C. §§ 1001-1461, seeking declaratory, injunctive, and compensatory relief as well as an accounting, formation of a constructive trust, and reimbursement for attorneys fees and costs. The plaintiff brought this action on his own behalf...

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