Nos. 96-9684, 97-7032.

158 F.3d 157 (1998)

Michael MORIARITY, Plaintiff-Appellant-Cross-Appellee, v. UNITED TECH. CORP. REPRESENTED EMPLOYEES RETIREMENT PLAN, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 2, 1998.

Attorney(s) appearing for the Case

Joseph David Farrell, Marlborough, CT (Law Offices of Joseph David Farrell), for Plaintiff-Appellant-Cross-Appellee.

Theodore J. Tucci, Jean E. Tomasco, Hartford, CT (Robinson & Cole), for Defendant-Appellee-Cross-Appellant.

Before: KEARSE and McLAUGHLIN, Circuit Judges, and TRAGER, District Judge.


Plaintiff Michael Moriarity appeals from a judgment entered in the United States District Court for the District of Connecticut (Dorsey, C.J.) denying his motion for summary judgment and granting a similar cross-motion by defendant, United Technologies Corporation Represented Employees Retirement Plan ("UTC Plan"). Relying on the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1132(a)(1)(B), 1132(a)(2), plaintiff had sought to...

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