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WAY v. OHIO CASUALTY INS. CO.

Civil Action No. 04-4418 (JBS).

346 F.Supp.2d 711 (2004)

Anne B. WAY, Plaintiff, v. OHIO CASUALTY INSURANCE COMPANY, ABC Corporations 1-10 (fictitious names), Defendants.

United States District Court, D. New Jersey.

December 2, 2004.

Attorney(s) appearing for the Case

Alexander W. Ross, Jr., Esq., Janice Heinold, Esq., Rakoski & Ross, P.C., Marlton, NJ, for Plaintiff.

Edward T. Ellis, Esq., Jennifer T. Keegan, Esq., Montgomery, McCracken, Walker & Rhoads, Lip, Cherry Hill, NJ, for Defendants.

OPINION

SIMANDLE, District Judge.

This matter comes before the Court upon Defendant Ohio Casualty Insurance Company's motion for judgment on the pleadings as well as Plaintiff Anne Way's alternative motion for leave to file an amended complaint and motion to remand. The key issue presented, and that upon which all three motions turn, is whether Defendant's Separation Pay Plan qualifies as an employee benefits plan under the Employment Retirement Income...

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