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HERTER v. DICK'S CLOTHING & SPORTING GOODS, INC.

No. 98 Civ. 6405(CM).

58 F.Supp.2d 306 (1999)

Charles HERTER, Plaintiff, v. DICK'S CLOTHING & SPORTING GOODS, INC., et al. Defendants.

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

August 5, 1999.

Attorney(s) appearing for the Case

Benjamin Ostrer, Benjamin, Ostrer & Associates, P.C., Chester, NY, for Charles Herter, plaintiff.

Margaret Armstrong Weiner, Steven Baderian, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, Paul T. Sheppard, Hinman, Howard & Kattell, LLP, Binghamton, NY, for Dick's Clothing & Sporting Goods, Inc., defendant.

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DISMISSING THE AMENDED COMPLAINT

McMAHON, District Judge.

Plaintiff brought this action pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., alleging that Defendants denied him health coverage pursuant to a pre-existing condition limitation in Defendants' self-funded health plan. Plaintiff alleges he was not on notice of...

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