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WEBER v. DAMIN SALES, INC.

No. CV-99-8433(LDW).

106 F.Supp.2d 459 (2000)

Andrew WEBER and Genese Weber, Plaintiffs, v. DAMIN SALES, INC., et al., Defendants.

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

August 1, 2000.

Attorney(s) appearing for the Case

Sakofsky & Yegelwel, by Chad F. Yegelwel, Rockville Centre, NY, for plaintiffs.

Apruzzese, McDermott, Mastro & Murphy, by Lisa Barre-Quick, Liberty Corner, NJ, for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiffs Andrew Weber and Genese Weber bring this action against various defendants alleging violation of the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq. Defendants move to dismiss the amended complaint pursuant to Rules 12(b)(1) and (6) of the Federal Rules of Civil Procedure. For the reasons below, the motion is granted.

I. BACKGROUND

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