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DeWITT v. PENN-DEL DIRECTORY CORP.

Civ. A. No. 93-581 MMS.

872 F.Supp. 126 (1994)

Carol DEWITT, Plaintiff, v. PENN-DEL DIRECTORY CORPORATION, a foreign corporation; National Telephone Directory Corporation Profit Sharing Plan, and National Telephone Directory Corporation, Plan Administrator of Profit Sharing Plan, Defendants.

United States District Court, D. Delaware.

December 22, 1994.

Attorney(s) appearing for the Case

John M. Stull, Wilmington, DE for plaintiff.

David H. Williams, of Morris, James, Hitchens & Williams, Wilmington, DE; of counsel: Francis M. Milone, and Stacy K. Weinberg, of Morgan, Lewis & Bockius, Philadelphia, PA for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. Introduction

Defendants have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss plaintiff Carol DeWitt's complaint for failure to state a claim upon which relief can be granted. Plaintiff pleads two causes of action under the Employee Retirement Income Security Act ("ERISA"). Defendants assert that Count I of plaintiff's complaint does not entitle plaintiff...

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