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EASTMAN KODAK CO. v. BAYER CORP.

No. 04 Civ.5132(MGC).

369 F.Supp.2d 473 (2005)

EASTMAN KODAK COMPANY and Martin M. Coyne, Plaintiffs, v. BAYER CORP., formerly Miles Inc; the Sterling Drug Inc. Supplemental Benefit Plan; and the Supplemental Benefit Plan Committee of Sterling Drug Inc., Defendants.

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

May 6, 2005.

Attorney(s) appearing for the Case

Sullivan & Cromwell LLP, New York, NY, By Richard H. Klapper, Richard J.L. Lomuscio, for Eastman Kodak Company and Martin M. Coyne.

Heidell, Pittoni, Murphy & Bach, LLP, By Charles L. Bach, Jr., Scott M. Zimmerman, for Bayer Corp., The Sterling Drug Inc. Supplemental Benefit Plan, and The Supplemental Benefit Plan Committee of Sterling Drug Inc.

Eckert Seamans Cherin & Mellott, LLC, By Patrick F. Kilker, for Bayer Corp., The Sterling Drug Inc. Supplemental Benefit Plan, and The Supplemental Benefit Plan Committee of Sterling Drug Inc.

OPINION

CEDARBAUM, District Judge.

Plaintiffs Eastman Kodak Company ("Eastman Kodak") and Martin M. Coyne move for summary judgment on the issue of whether Coyne has failed to exhaust his administrative remedies prior to commencing this action for supplemental pension benefits. For the reasons that follow, plaintiffs' motion is denied.

BACKGROUND

The following facts are not contested for the purposes of the present motion. Martin...

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