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DAY v. AT & T DISABILITY INCOME PLAN

No. C 06-01740 JW.

733 F.Supp.2d 1109 (2010)

David DAY, Plaintiff, v. AT & T DISABILITY INCOME PLAN, Defendant.

United States District Court, N.D. California, San Jose Division.

June 8, 2010.

Attorney(s) appearing for the Case

Robert Burton Nichols, Jr. , Attorney at Law, San Jose, CA, for Plaintiff.

Caroline Lee Elkin , Joseph Al Latham, Jr. , Stephen H. Harris , Gayle Alana Goldman , Michael S. Newman , Paul Hastings Janofsky & Walker LLP, Los Angeles, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDMENT; DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDMENT

JAMES WARE, District Judge.

Presently before the Court are the parties' Cross-Motions for Partial Summary Judgment on the Offset Issue.1 The Court conducted a hearing on April 5, 2010. At the April 5 hearing, the Court ordered further briefing from the parties on the issue of whether the Plan language allows offset of pension...

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