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TOCKER v. PHILIP MORRIS COMPANIES, INC.

No. 04-5904-CV.

470 F.3d 481 (2006)

Edward TOCKER, Plaintiff-Appellant, v. PHILIP MORRIS COMPANIES, INC., also known as Altria Group, Inc., Kraft Foods Inc., and General Foods Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 22, 2006.

Attorney(s) appearing for the Case

William D. Frumkin, White Plains, NY, (Kathryn E. White, Sapir & Frumkin, LLP, White Plains, New York, of counsel), for Plaintiff-Appellant.

Michael J. Dimattia, New York, NY, (McGuire Woods LLP, New York, New York, of counsel), for Defendants-Appellees.

Before CARDAMONE, LEVAL, and SACK, Circuit Judges.

CARDAMONE, Circuit Judge.

Plaintiff Edward Tocker (plaintiff or appellant) had been employed as a tax attorney for defendant General Foods1 for many years. When he learned in 1989 he was suffering from a serious, life-threatening illness, he discussed his circumstances with his employer's benefits administration manager. As a result, the benefits administration created a special package of benefits for him in 1990, which plaintiff accepted...

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