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MARKES v. ALUMINUM CO. OF AMERICA

No. 99-CV-1939 (LEK/GJD).

114 F.Supp.2d 108 (2000)

Nancy MARKES, Plaintiff, v. ALUMINUM COMPANY OF AMERICA; and Aluminum Company of America in its fiduciary capacity as Plan Administrator, Defendant.

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

September 22, 2000.

Attorney(s) appearing for the Case

Thomas J. Snider, Snider, Snider Law Firm, Massena, NY, for Plaintiff.

Terry H. Han, LeBoeuf, Lamb Law Firm, Pittsburgh, PA, for Defendant.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

Presently before this Court are Defendant's motion to dismiss pursuant to Fed R. Civ. P. 12(b)(6) and Plaintiff's cross motion for summary judgment pursuant to Fed.R.Civ.P. 56(a). For the reasons set forth below, Defendant's motion is GRANTED and Plaintiff's motion is DENIED.

I. BACKGROUND

Decedent Carl J. Markes, an employee...

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