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KOURINOS v. INTERSTATE BRANDS CORP.

No. CIV.04-25-P-H.

324 F.Supp.2d 105 (2004)

John E. KOURINOS, Plaintiff, v. INTERSTATE BRANDS CORPORATION, Defendant.

United States District Court, D. Maine.

May 14, 2004.

Attorney(s) appearing for the Case

Terry N. Snow, Alan E. Wolf, Law Office of Terry N. Snow, Cumberland, ME, Sally A. Morris, Yarmouth, ME, for John E. Kourinos, Plaintiff.

Bernard J. Kubetz, Eaton Peabody, Bangor, ME, Juliana Reno, Stinson, Morrison, Hecker, LLP, Omaha, NE, Scott C. Hecht, Stinson, Morrison, Hecker, LLP, Kansas City, MO, for Interstate Brands Corporation, Defendant.

MEMORANDUM DECISION AND ORDER ON DEFENDANT'S MOTION TO DISMISS

HORNBY, District Judge.

The plaintiff claims that his employer denied him medical benefits after retirement while paying other retirees. After oral argument on May 10, 2004, I conclude that although he can sue his employer under ERISA to enforce the terms of the benefit plan, he does not have a separate cause of action under ERISA for breach of fiduciary duty or discrimination.

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