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SUNDERLIN v. FIRST RELIANCE STANDARD LIFE INS. CO.

No. 00-CV-6253.

235 F.Supp.2d 222 (2002)

Terry R. SUNDERLIN, Plaintiff, v. FIRST RELIANCE STANDARD LIFE INSURANCE COMPANY, ENI Inc. Long Term Disability Plan, and ENI Technology, Inc., Defendants.

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

November 4, 2002.

Attorney(s) appearing for the Case

William E. Burkhart, Jr., Esq., Rochester, for the plaintiff.

Elizabeth A. Bousquette, Esq., Bryan Cave LLP, New York, for defendant ENI, Inc. Long Term Disability Plan and defendant/cross-claimant ENI Technology, Inc.

James W. Cunningham, Esq., Smith Sovik Kendrick & Sugnet, P.C., Syracuse, for defendant and cross-defendant First Reliance Standard Life Insurance Company.

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This is an action pursuant to the Employee Income Retirement Security Act (ERISA) 29 U.S.C. 1001 et seq. The following motions are now before the Court: 1) a motion [# 79] by defendants ENI, Inc. Long Term Disability Plan ("the Plan") and ENI Technology, Inc. ("ENI"), to dismiss plaintiff's Second Amended Complaint; and 2) a motion [# 86] by defendant First Reliance Standard Life...

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