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BURKE v. KODAK RETIREMENT INCOME PLAN

Docket No. 02-9051.

336 F.3d 103 (2003)

Sally J. BURKE, Plaintiff-Appellant, v. KODAK RETIREMENT INCOME PLAN and KODAK RETIREMENT INCOME PLAN COMMITTEE, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 17, 2003.

Attorney(s) appearing for the Case

George A. Schell, Schell & Schell, P.C., Fairport, N.Y. (Jennifer M. Hoeling, on the brief), for Plaintiff-Appellant.

Eric J. Ward, Ward Norris Heller & Reidy, LLP, Rochester, N.Y. (Heather D. Kenny, of counsel), for Defendants-Appellees.

Before: MINER, McLAUGHLIN and POOLER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Plaintiff Sally J. Burke sued the Retirement Income Plan Administrators of her deceased husband's employer, the Eastman Kodak Company ("Kodak"), for denying her survivor income benefits. She alleged that defendants Kodak Retirement Income Plan ("KRIP") and Kodak Retirement Income Plan Committee ("KRIP-CO") (collectively, the "Plan Administrators") based their denial on a deficient Summary Plan Description ("SPD") in violation of the Employee...

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