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BROCKETT v. UTICA BOILERS, INC.

No. 5:00-CV-962.

328 F.Supp.2d 324 (2004)

Gary F. BROCKETT, Plaintiff, v. UTICA BOILERS, INC.; Enviromaster International Corporation; and Utica Boilers, Inc. Profit Sharing Plan, Defendants.

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

August 6, 2004.

Attorney(s) appearing for the Case

Hancock & Estabrook, LLP, Syracuse, NY (Thomas C. Buckel, of counsel), for Plaintiffs.

Phillips Lytle LLP, Buffalo, NY (Gary F. Kotaska, Paul K. Stecker, of counsel), for Defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Gary F. Brockett ("Brockett" or "plaintiff") commenced the instant action, alleging: (1) entitlement to additional benefits under the Utica Boilers, Inc. Profit Sharing Plan ("Plan") for years 1993-97, and to benefits for Plan year 1998, pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq...

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