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TOCKER v. PHILIP MORRIS COMPANIES INC.

No. 03 CIV. 5275(SCR).

346 F.Supp.2d 460 (2004)

Edward TOCKER, Plaintiff v. PHILIP MORRIS COMPANIES INC. a/k/a Altria Group, Inc.; Kraft Foods Inc.; General Foods Corp., Defendants

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

September 30, 2004.

Attorney(s) appearing for the Case

Edward Tocker, Valhalla, NY, pro se.

Michael J. DiMattia, McGuire Woods LLP, New York, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

Edward Tocker (the "Plaintiff) filed this action against Philip Morris Companies Inc. a/k/a Altria Group, Inc., Kraft Foods Inc., and General Foods Corp. (the "Defendants") to recover retirement benefits under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001-1461 (West 2003), specif § 1132(a)(1)(B). The defendants have moved for summary judgment on two grounds: (1) the...

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