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EHRENSPECK v. SPEAR, LEEDS & KELLOGG

No. 03 Civ. 2733(TPG).

389 F.Supp.2d 485 (2005)

Robert EHRENSPECK, Plaintiff, v. SPEAR, LEEDS & KELLOGG, Spear, Leeds & Kellogg-Futures Division Long Term Disability Income Plan and First Unum Life Insurance Company, Defendants.

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

March 10, 2005.

Attorney(s) appearing for the Case

Brian Joseph Burns, Gallagher, Harnett & Lagalante, L.L.P., New York, NY, Lauren Freeman-Bosworth, Michael John Dell, Kramer, Levin, Naftalis & Frankel, L.L.P., New York, NY, for Spear, Leeds & Kellogg, Spear, Leeds, * Kellogg-Futures Division Long Term Disability Income Plan.

Brian Joseph Burns, Louis Michael Lagalante, Gallagher, Harnett & Lagalante, LLP, New York, NY, for First Unum Life Ins. Co.

OPINION

GRIESA, District Judge.

Plaintiff brought this action in New York State Supreme Court, County of New York, seeking disability benefits under a disability income plan that was administered by Spear, Leeds & Kellogg-Futures Division. Defendant First Unum removed to federal court, asserting federal question jurisdiction under the ERISA statute, 29 U.S.C. § 1001, et seq., Defendants Spear, Leeds & Kellogg ("SLK") and Spear...

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