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GUARDIAN LIFE INS. CO. OF AMERICA v. CLAYDON

Civ. No. 3:93cv00438 (PCD).

855 F.Supp. 43 (1994)

The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA v. John M. CLAYDON and Representatives and Creditors of Barbara A. Claydon.

United States District Court, D. Connecticut.

March 16, 1994.

Attorney(s) appearing for the Case

Edward R. Foley Jr., Branford, CT., E. Stanton Kennedy, Trumbull, CT., Edward F. Kunin, Law Offices of Edward F. Kunin, Bridgeport, CT., for plaintiff.

Francis W. Murphy, Barbara Coughlan, Tierney, Zullo, Flaherty & Murphy, Norwalk, CT., for Norwalk Hosp.

Amanda Pratt Siegel, Francis H. Morrison III, Day, Berry & Howard, Hartford, CT., for defendants.

RULING ON MOTION TO DISMISS

DORSEY, District Judge.

Plaintiff ("Guardian") brings this action under the Employee Retirement Income Security Act of 1974, 29 U.S.C § 1001, et seq. ("ERISA"), against John M. Claydon and the representatives and creditors of Barbara A. Claydon. Defendant Claydon moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(6).

I. BACKGROUND

Plaintiff alleges that in 1991 Barbara A. Claydon, now deceased...

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