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GUARDIAN LIFE INS. CO. OF AMERICA v. ROMA

No. 94-CV-0032.

895 F.Supp. 442 (1995)

The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Plaintiff, v. Anthony F. ROMA, Joan B. Roma, Felix Roma & Sons, Inc., Defendants.

United States District Court, N.D. New York.

August 9, 1995.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, Binghamton, NY, for plaintiff; James F. Lee, of counsel.

Levene, Gouldin & Thompson, Binghamton, NY, for defendants; John H. Hartman, of counsel.

MEMORANDUM-DECISION & ORDER

HURD, United States Magistrate Judge.

Presently before the court are plaintiff's and defendants' motions for summary judgment, regarding claims arising from an alleged violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. Plaintiff's claim is for restitution and defendants counterclaim for benefits. Opposition to the motions was filed by the parties. Oral argument was...

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