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LEFKOWITZ v. ARCADIA TRADING CO. LTD. BEN. PENSION PLAN

No. 820, Docket No. 92-9030.

996 F.2d 600 (1993)

Adrienne LEFKOWITZ, Plaintiff-Appellant, v. ARCADIA TRADING CO. LTD. BENEFIT PENSION PLAN, Bay Novelty and Inspection Company Limited Defined Benefit Pension Plan, Bonus Consultants Limited, Committee of the Arcadia Trading Company Limited Defined Benefit Pension Plan, Committee of the Bay Novelty and Inspection Company Limited Defined Benefit Pension Plan, and The Bank of New York as Preliminary Executor of the Estate of Irene B. Marsh, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 22, 1993.

Attorney(s) appearing for the Case

Mitchell L. Strickler, Washington DC, for plaintiff-appellant.

Robert M. Redis, White Plains, NY (Frank W. Streng, Howell Bramson, William F. Macreery, Robert H. Rosh, and McCarthy, Fingar, Donovan, Drazen & Smith, of counsel), for defendant-appellee The Bank of New York as Preliminary Executor of Estate of Irene B. Marsh.

Millbank, Tweed, Hadley & McCloy, New York City, for defendants-appellees Arcadia Trading Co. Ltd. Ben. Pension Plan, Bay Novelty and Inspection Co. Ltd. Defined Ben. Pension Plan, Bonus Consultants Ltd., Committee of Arcadia Trading Co. Ltd. Defined Ben. Pension Plan, Committee of Bay Novelty and Inspection Co. Ltd. Defined Ben. Pension Plan.

Before: PRATT and MAHONEY, Circuit Judges, and DANIEL M. FRIEDMAN, Circuit Judge for the United States Court of Appeals for the Federal Circuit, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

In 1984 congress amended the Employee Retirement Income Security Act ("ERISA") with the Retirement Equity Act ("REA"), Pub.L. 98-397, 98 Stat. 1426 (1984), codified at 29 U.S.C. §§ 1052-1056, to ensure that individuals whose spouses die before their retirement would nevertheless receive the spouses' pension benefits. As we recently noted in Hurwitz v. Sher,

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