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BARNETT v. I.B.M. CORP.

No. 94 Civ. 6582 (JGK).

885 F.Supp. 581 (1995)

Madelene E. BARNETT, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

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

May 8, 1995.

Attorney(s) appearing for the Case

Dwight Yellen, P.C., by Dwight Yellen, New York City, for plaintiff.

Kaare Phillips, Grais & Phillips, by Kaare Phillips, C. Barr Flinn, New York City, for defendant.

OPINION & ORDER

KOELTL, District Judge:

This is an action arising from an alleged wrongful denial of long term disability benefits under an employee benefits plan subject to the requirements of the Employee Retirement Income Security Act of 1974 ("ERISA"). The defendant has moved for an order dismissing the complaint with prejudice, alleging failure to exhaust administrative remedies, failure to file...

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