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NICHOLS v. PRUDENTIAL INS. CO. OF AMERICA

Docket No. 04-1445-CV.

406 F.3d 98 (2005)

Cecilia NICHOLS, Plaintiff-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 21, 2005.

Attorney(s) appearing for the Case

Christopher P. Foley, (Patrick F. Foley, on the brief) McCormick, Dunne & Foley, New York, N.Y., for Plaintiff-Appellant.

Stephen D. Cuyler, (David A. Brooks, on the brief), Cuyler Burk, LLP, New York, N.Y., for Defendant-Appellee.

Mary Ellen Signorille, AARP Foundation Litigation, Melvin R. Radowitz, AARP, Washington, D.C., for amicus curiae AARP.

Before: NEWMAN, POOLER, and KATZMANN, Circuit Judges.

POOLER, Circuit Judge.

Cecilia Nichols appeals from the February 27, 2004 decision and order of the United States District Court for the Southern District of New York (Victor Marrero, J.) dismissing without prejudice her claims of wrongful termination of disability benefits under the Employee Retirement Income Security Act of 1974, as amended and codified at 29 U.S.C. §§ 1001-1461 and scattered sections of 26 U.S.C. ("ERISA"). The district court held...

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