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BERG v. EMPIRE BLUE CROSS AND BLUE SHIELD

No. 98 CV 6020 DRH.

105 F.Supp.2d 121 (2000)

Seymour BERG, Plaintiff, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant.

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

July 14, 2000.

Attorney(s) appearing for the Case

Stuart R. Berg, Garden City, NY, for plaintiff.

Seyfarth, Shaw, Fairweather & Geraldson, New York City, by Gary H. Glaser, Craig P. Pacernick, for defendant Empire Blue Cross and Blue Shield.

MEMORANDUM AND ORDER

HURLEY, District Judge.

Pending before the Court is the motion of Defendant Empire Blue Cross and Blue Shield ("Empire" or "Defendant") to dismiss the Complaint for failure to state a claim for relief pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6). For the reasons that follow, the motion is granted in part and denied in part.

BACKGROUND

Plaintiff commenced employment with Empire in 1971. (Compl.¶...

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