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ROVIRA v. AT & T

No. 90 Civ. 5486 (RPP).

760 F.Supp. 376 (1991)

Sandra ROVIRA, individually and as executor of the Estate of Marjorie Forlini, Frank Morales and Alfred Morales, Plaintiffs, v. AT & T, Defendant.

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

March 29, 1991.

Attorney(s) appearing for the Case

Beldock, Levine & Hoffman, by Lee F. Bantle, Lambda Legal Defense & Educ. Fund, Paula Ettelbrick, New York City, for plaintiffs.

Townley & Updike, by Daniel Rizzi, New York City, for defendant.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant AT & T moves pursuant to Rules 12(b) and (c) of the Federal Rules of Civil Procedure to dismiss the local law, state law and common law claims in Counts IV, V and VI of the complaint, which allege discrimination on the basis of sexual orientation and marital status and breach of contract, on the grounds that those claims are preempted by ERISA and that plaintiffs lack standing to assert...

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