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ARBER v. EQUITABLE BENEFICIAL LIFE INS. CO.

Civ. A. No. 93-CV-6458.

848 F.Supp. 1204 (1994)

David J. ARBER, Sr. and Carol A. Arber and Omni Finishing Systems, Inc. v. EQUITABLE BENEFICIAL LIFE INSURANCE COMPANY.

United States District Court, E.D. Pennsylvania.

April 4, 1994.

Attorney(s) appearing for the Case

Frederick C. Horn, F. Craig La Rocca, Pearlstine/Salkin Associates P.A., Lansdale, PA, for plaintiffs.

Richard J. Sestak, Kittredge, Donley, Elson, Fullem & Embick, Philadelphia, PA, for defendant.

MEMORANDUM AND ORDER

JOYNER, District Judge.

Defendant, Equitable Beneficial Life Insurance Company has filed a motion to dismiss the Plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. That motion will be granted in part for the reasons set forth below.

I. STATEMENT OF RELEVANT FACTS

This case, which was instituted under the Employee Retirement Income Security...

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