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FAY v. OXFORD HEALTH PLAN

Docket No. 01-7135.

287 F.3d 96 (2002)

Anna FAY and Louis Fay, Plaintiffs-Appellees, v. OXFORD HEALTH PLAN, Defendant-Appellee, Mount Sinai Medical Center Point-of-Service-Plan, Defendant.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2002.

Attorney(s) appearing for the Case

Mark Scherzer, Law Office of Mark Scherzer, New York, NY, for Plaintiffs-Appellants.

Allan B. Taylor, Day, Berry & Howard, Hartford, CT, Arthur J. Ciampi, Morrison, Cohen, Singer & Weinstein, LLP, New York, NY, for Defendant-Appellee Oxford Health Plan.

Frederick A. Brodie, Winthrop, Stimson, Putnam & Roberts, New York, NY, for Defendant Mount Sinai Medical Center Point-of-Service-Plan.

Michael Schuster, Law Office of Michael Schuster, Washington, DC, Stuart R. Cohen, Sara Lenz Lock, Dorothy Siemon, AARP Legal Foundation, for Amicus Curiae American Association of Retired People ("AARP"), Washington, DC.

Anne Davis, New York City Chapter of the Multiple Sclerosis Society, New York, New York, for Amicus Curiae New York City Chapter of the Multiple Sclerosis Society.

Before KEARSE, MINER, and F.I. PARKER, Circuit Judges.

F.I. PARKER, Circuit Judge.

This is an appeal from a January 3, 2001 judgment of the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge) dismissing the complaint of plaintiffs-appellants Anna and Louis Fay upon summary judgment motion of defendant-appellee Oxford Health Plan of New York. The Fays claimed, pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., coverage...

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