MANISCALCO v. TAC AMERICAS COMP. HEALTHCARE PLAN

No. 03 CIV.8366 CM.

325 F.Supp.2d 383 (2004)

Thomas MANISCALCO, individually and on behalf of his dependent daughter, Alexandra Maniscalco, Plaintiffs, v. TAC AMERICAS COMPREHENSIVE HEALTHCARE PLAN and TAC Americas, Inc., Defendants.

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

July 15, 2004.


Attorney(s) appearing for the Case

Mark Scherzer, Law Office of Mark Scherzer, New York, NY, for Plaintiffs.

Dean M. Schaner, Scott M. Nelson, Haynes and Boone, LLP, Houston, TX, Gabriel A. Berg, Berg & Androphy, New York, NY, for Defendants.


MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

MCMAHON, District Judge.

Thomas and Alexandra Maniscalco filed this action against TAC Americas, Inc. Comprehensive Healthcare Plan (the "Plan") and TAC Americas, Inc. ("TAC") to recover medical benefits and attorneys' fees under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001-1461...

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