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EVANS v. MASSMUTUAL FINANCIAL GROUP

No. 09-CV-6028L.

856 F.Supp.2d 606 (2012)

Andrae EVANS, Plaintiff, v. MASSMUTUAL FINANCIAL GROUP, William D. Costello, Defendants.

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

April 13, 2012.

Attorney(s) appearing for the Case

Scott M. Peterson, Kiley D. Scott, Douglas James Rose, Tully Rinckey, PLLC, Albany, NY, for Plaintiff.

Paul F. Keneally, Underberg & Kessler LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

This is an action under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), 38 U.S.C. § 4301-4335. Plaintiff Andrae Evans is a member of the New York Army National Guard. In April 2004, he was called to active duty and sent to Iraq. At the time of his callup, plaintiff was working for defendant MassMutual Financial Group...

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