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KISHTER v. PRINCIPAL LIFE INS. CO.

No. 00 CIV. 0013(MBM).

186 F.Supp.2d 438 (2002)

Lenard KISHTER, as Trustee of the Alice A. Russell Trust and as the Executor of the Estate of Alice A. Russell, Plaintiff, v. PRINCIPAL LIFE INSURANCE COMPANY and Lamalie Associates, Inc., Defendants.

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

February 20, 2002.

Attorney(s) appearing for the Case

Paul L. Dashefsky, Esq., Smithtown, for Plaintiff.

Neil G. Sparber, Esq., Fulbright & Jaworski LLP, New York, for Defendant Lamalie Associates, Inc.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Lenard Kishter is the executor of Alice Russell's estate, as well as the trustee of a trust set up by Russell to receive benefits from life insurance policies provided by her employer. Kishter sues under section 502 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132 (1994 & Supp. V 1999), and also under state law, alleging that Russell's insurance carrier, Principal...

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