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WINKLER v. METROPOLITAN LIFE INS. CO.

No. 03 Civ. 9656(SAS).

340 F.Supp.2d 411 (2004)

Mark WINKLER, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.

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

August 24, 2004.

Attorney(s) appearing for the Case

Scott M. Riemer, New York City, for Plaintiff.

Allan M. Marcus, Lester Schwab Katz & Dwyer, LLP, New York City, for Defendant.

MEMORANDUM OPINION AND ORDER

SCHEINDLIN, District Judge.

Metropolitan Life Insurance Company ("MetLife") moved for a declaration that its decision denying disability benefits to Mark Winkler, formerly employed by the Jack Morton Company, should be reviewed under an arbitrary and capricious standard. MetLife prevailed on its motion. See Winkler v. Metropolitan Life Ins. Co., No. 03 Civ. 9656, 2004 WL 1687202, at *3 (S.D.N.Y. July 27, 2004)....

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