STONE v. DISABILITY MANAGEMENT SERVICES, INC.

No. 3:02CV44.

288 F.Supp.2d 684 (2003)

James E. STONE, Plaintiff v. DISABILITY MANAGEMENT SERVICES, INC. and Equitable Life Assurance Society of the United States of America, Defendants

United States District Court, M.D. Pennsylvania.

October 14, 2003.


Attorney(s) appearing for the Case

Gerard William Langan, Jr., O'Malley and Langan, Pittston, PA, for Plaintiff.

Richard McMonigle, Jr., Tracey N. Kilcullen, Post & Shell, P.C., Philadelphia, PA, for Defendants.


MEMORANDUM

MUNLEY, District Judge.

Before the court for disposition is the defendants' motion for summary judgment as to whether the plaintiff's claim is governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA"). The matter is ripe for disposition having been fully briefed. For the reasons that follow, we grant the summary judgment motion in part and deny it in part.

I. Background

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