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CHERRY v. BIOMEDICAL APPLICATIONS OF PENNSYLVANIA

No. Civ.A. 05-4346.

397 F.Supp.2d 609 (2005)

Irwin Duron CHERRY v. BIOMEDICAL APPLICATIONS OF PENNSYLVANIA, INC., National Medical Care, Inc. Long-Term and Short-Term Disability Insurance Plans, National Medical Care, Inc., Liberty Life Assurance Company of Boston

United States District Court, E.D. Pennsylvania.

November 8, 2005.

Attorney(s) appearing for the Case

Joseph A. Hirsch, Hirsch and Hirsch, Wynnewood, PA, for Irwin Duron Cherry.

Erika B. Fisher, Littler Mendelson PC, Philadelphia, PA, Theodore A. Schroeder, Littler Mendelson, PC, Pittsburgh, PA, for Biomedical Applications of Pennsylvania, Inc., National Medical Care, Inc. Long-Term and Short-Term Disability Insurance Plans, National Medical Care, Inc., Liberty Life Assurance Company of Boston.

MEMORANDUM AND ORDER

JOYNER, District Judge.

Via the motion now pending before this Court, Defendants, Bio-Medical Applications of Pennsylvania, Inc., National Medical Care, Inc. Long-Term and Short-Term Disability Insurance Plans,1 and Liberty Life Assurance Company of Boston ("Defendants"), move to dismiss Plaintiff's First Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons outlined below, the motion...

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