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BERNIKOW v. XEROX CORP. LONG-TERM DISABILITY

No. 06-CV-6446.

517 F.Supp.2d 646 (2007)

William BERNIKOW, Plaintiff, v. XEROX CORPORATION LONG-TERM DISABILITY INCOME PLAN and Does 1 through 10, Inclusive, Defendants.

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

September 28, 2007.

Attorney(s) appearing for the Case

Nira T. Kermisch, Rochester, NY, for Plaintiff.

James H. Berry, Jr., Berry & Perkins, Los Angeles, CA, Margaret A. Clemens, Nixon Peabody LLP, Rochester, NY, Richard J. Pautler, Thompson Coburn, St. Louis, MO, for Defendants.

DECISION and ORDER

MICHAEL A. TELESCA, District Judge.

INTRODUCTION

Plaintiff William Bernikow ("plaintiff' and/or "Bernikow") brings this action claiming that he was wrongfully denied long term disability benefits under a group policy issued by defendant Xerox Corporation Long-Term Disability Income Plan ("Xerox LTD Plan"), which insured his employer, Xerox Corporation ("Xerox"). Defendant Xerox LTD Plan moves for summary judgment on grounds...

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