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KATSANIS v. BLUE CROSS AND BLUE SHIELD ASS'N

No. 07-CV-696C.

803 F.Supp.2d 256 (2011)

Gary L. KATSANIS, Plaintiff, v. BLUE CROSS AND BLUE SHIELD ASSOCIATION, Defendant.

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

March 24, 2011.

Attorney(s) appearing for the Case

Chiacchia & Fleming (Christen Archer Pierrot, Esq., of Counsel), Hamburg, NY, for Plaintiff.

Seyfath Shaw LLP (John T. Murray, Esq., of Counsel), Atlanta, GA, for Defendant.

INTRODUCTION

JOHN T. CURTIN, District Judge.

This is an action, brought pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq., in which plaintiff seeks benefits under the long-term disability ("LTD") plan of his former employer, Excellus Health Plan ("Excellus"), a nonprofit independent licensee of defendant Blue Cross and Blue Shield Association ("BCBS"), the plan sponsor and administrator. The plan provides...

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