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VAIL v. PLUMBERS, PIPE FITTERS AND APPRENTICES LOCAL 112 PENSION FUND

No. 99-CV-1878.

129 F.Supp.2d 176 (2001)

T. Edward VAIL, Plaintiff, v. PLUMBERS, PIPE FITTERS AND APPRENTICES LOCAL NUMBER 112 PENSION FUND, Defendant.

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

January 22, 2001.

Attorney(s) appearing for the Case

Levene, Goulding & Thompson, LLP, Binghamton, NY (John H. Hartman, of counsel), for plaintiff.

Blitman & King, LLP, Syracuse, NY (Jennifer A. Clark, of counsel), for defendant.

MEMORANDUM—DECISION & ORDER

McAVOY, District Judge.

Plaintiff T. Edward Vail commenced the instant action pursuant to section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), contending that he did not incur a break in service and, thus, is entitled to additional benefits under his pension plan (the "plan"). Plaintiff seeks a money judgment for the difference between the benefits that...

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