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FERRY v. MUTUAL LIFE INS. CO. OF NEW YORK

Civ. A. No. 93-709.

868 F.Supp. 764 (1994)

James R. FERRY, James W. Gloekle, John F. McIntyre, Herbert T. Miller, Jr., James D. Miller, and Alfred G. Staudt, Trustees of the Western Pennsylvania Electrical Employees Deferred Compensation Fund, Pittsburgh, Pennsylvania, and Central Mutual Insurance Company, on its own behalf and as Plan Fiduciary for The Group Pension Plan for Employees of Central Mutual Insurance Company, Plaintiffs, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant.

United States District Court, W.D. Pennsylvania.

February 14, 1994.

Attorney(s) appearing for the Case

William Campbell Ries, George E. McGrann, Dickie, McCamey & Chilcote, Pittsburgh, PA, for plaintiffs.

Dale Hershey, Amy J. Greer, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, Charles A. Reid, III, Shanley & Fisher, Morristown, NJ, for defendant.

MEMORANDUM OPINION

BLOCH, District Judge.

Presently before this Court is defendant's motion to dismiss. For the reasons stated herein, defendant's motion will be granted in part and denied in part.

I. Background

On May 7, 1993, plaintiffs James Ferry, James Gloekler, John McIntyre, Herbert Miller, Jr., James Miller, and Alfred Staudt, as trustees of the Western Pennsylvania Electrical Employees Deferred Compensation Fund ...

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