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GUPTA v. FREIXENET, USA, INC.

No. 95 C 1161.

908 F.Supp. 557 (1995)

David GUPTA, Plaintiff, v. FREIXENET, USA, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 11, 1995.

Attorney(s) appearing for the Case

Thomas H. Stern, Dawn Marie Maxwell, Thomas H. Stern, P.C., Chicago, IL, for plaintiff.

Paul B. Holmes, Gwen V. Carroll, Caran L. Joseph, Coffield, Ungaretti and Harris, Chicago, IL, John P. Buckley, Coffield, Ungaretti & Harris, for defendant.

OPINION AND ORDER

NORGLE, District Judge:

This case focuses on a dispute about disability benefits. Before the court are two motions: (1) Plaintiff David Gupta's ("Gupta") Motion to Remand and (2) Defendant Freixenet, USA, Inc.'s ("Freixenet") Motion to Dismiss Plaintiff's Complaint. For the following reasons, the motion to remand is denied and the motion to dismiss is granted as to Counts I and III with prejudice. Count II is dismissed without prejudice...

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