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MERKL v. BLUE CROSS AND BLUE SHIELD OF MASS.

Civil Action No. 98-10379-MEL.

20 F.Supp.2d 188 (1998)

Dr. Matthew MERKL, Plaintiff, v. BLUE CROSS AND BLUE SHIELD OF MASSACHUSETTS, INC., Defendant.

United States District Court, D. Massachusetts.

September 2, 1998.

Attorney(s) appearing for the Case

Maurice M. Cahillane, Jr., Egan, Flanagan & Cohen, PC, Springfield, MA, for Matthew Merkl, Plaintiff.

Joseph D. Halpern, Blue Cross and Blue Shield of Mass., Law Department, Boston, MA, for Blue Cross and Blue Shield of Mass, Inc., Defendant.

MEMORANDUM AND DECISION

LASKER, District Judge.

Matthew Merkl, M.D. challenges the refusal by his former employer, Blue Cross and Blue Shield of Massachusetts, Inc. (BCBS), to pay severance benefits upon the termination of his employment. Dr. Merkl asserts a state law claim for breach of BCBS's "Physician Contractual Agreement Policy" (the "original contract"), and a second claim under the Employee Retirement Income Security Act of 1974, 29 U.S.C...

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