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BARRY v. CARESTREAM HEALTH, INC. WELFARE BEN. PLAN

No. 09-CV-6672L.

752 F.Supp.2d 318 (2010)

Thomas C. BARRY, Plaintiff, v. CARESTREAM HEALTH, INC. WELFARE BENEFIT PLAN, Carestream Health, Inc. Carestream Health Benefits Committee, Plan Administrator, Defendants.

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

October 14, 2010.

Attorney(s) appearing for the Case

Edmund J. Russell, III , Jennifer A. Mereau , Underberg & Kessler LLP, Rochester, NY, Mary T. Keating , Baltimore, MD, for Plaintiff.

Fred G. Aten, Jr. , Harter, Secrest & Emery LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff Thomas C. Barry brings this action under the Employee Retirement Insurance Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq. Plaintiff, a former employee of Carestream Health, Inc. ("Carestream"), has sued the Carestream Health, Inc. Welfare Benefit Plan ("Plan") and the Carestream Health, Inc. Carestream Health Benefits Committee ("Committee"), seeking benefits under...

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