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SIXTY-FIVE SEC. PLAN v. BLUE CROSS AND BLUE SHIELD

No. 80 Civ. 7100 (WK).

588 F.Supp. 119 (1984)

The SIXTY-FIVE SECURITY PLAN, et al., Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF GREATER NEW YORK, a Corporation, Defendant.

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

July 25, 1984.

Attorney(s) appearing for the Case

Eisner & Levy, P.C. by Richard Levy, New York City, for plaintiffs.

Blue Cross and Blue Shield of Greater New York, by Ellen Barrett Levin, New York City, for defendant.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

In our Memorandum and Order of March 28, 1984, published at 583 F.Supp. 380, we held (1) that Blue Cross and Blue Shield of Greater New York ("Blue Cross") was a fiduciary to the 65 Security Plan ("Security Plan") under the Employee Retirement Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461; (2) that Security Plan itself had no federal cause of action against...

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