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WYKSTRA v. LIFE INS. CO. OF NORTH AMERICA

No. 5:09-CV-01291 (NPM).

849 F.Supp.2d 285 (2012)

Curt A. WYKSTRA, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA; Borgwarner, Inc.; Borgwarner Morse Tec, Inc.; and Borgwarner Flexible Benefits Plan, Defendants.

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

February 2, 2012.

Attorney(s) appearing for the Case

Satter & Andrews, LLP, Ross P. Andrews, Esq., of Counsel, Syracuse, NY, for Plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Emily Anna Hayes, Esq., Fred N. Knopf, Esq., of Counsel, White Plains, NY.

MEMORANDUM — DECISION and ORDER

NEAL P. McCURN, Senior District Judge.

I. Introduction

Presently before the court in this ERISA action are cross motions for summary judgment. The motions, which have been fully briefed, are decided on the submitted papers without oral argument.

Plaintiff, Curt A. Wykstra, brings this action against defendants, Life Insurance Company of North America ("LINA"); BorgWarner, Inc.; BorgWarner...

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