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DARLING v. E.I. DuPONT DE NEMOURS & CO.

No. 95-CV-6596L.

952 F.Supp. 162 (1997)

Judith S. DARLING, Plaintiff, v. E.I. DuPONT DE NEMOURS & COMPANY, as Plan Administrator Total and Permanent Disability Income Plan, Defendant.

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

January 21, 1997.

Attorney(s) appearing for the Case

Lawrence I. Heller, Rochester, NY, for Judith S. Darling.

Mark J. Moretti, Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester, NY, for E.I. DuPont de Nemours & Company.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Judith S. Darling, commenced this action in New York State Supreme Court, Monroe County, seeking to recover disability benefits from her former employer, defendant E.I. DuPont de Nemours & Co. ("DuPont"). The complaint alleges, inter alia, that DuPont's denial of plaintiff's claim for benefits constitutes a violation of the Employee Retirement...

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