McGUIRE v. METROPOLITAN LIFE INS. CO.

Case No. 12-10797.

899 F.Supp.2d 645 (2012)

Gary McGUIRE, a Named Fiduciary, on behalf of the Union Carbide Employees' Pension Plan, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.

United States District Court, E.D. Michigan, Northern Division.

September 26, 2012.


Attorney(s) appearing for the Case

Thomas J. Moloney , Cleary, Gottlieb, Steen & Hamilton, New York, NY, Craig W. Horn , Braun, Kendrick, Saginaw, MI, for Plaintiff.

David M. Davis , Hardy, Lewis, Birmingham, MI, Linton J. Childs , Sidley, Austin, Chicago, IL, for Defendant.


OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND DISMISSING COUNT IV WITH PREJUDICE

THOMAS L. LUDINGTON, District Judge.

In 1937 and 1951 — long before the passage of the Employee Retirement Income Security Act of 1974 ("ERISA") — Union Carbide Corporation ("UCC") contracted with Defendant Metropolitan Life Insurance Company and Prudential Insurance Company of America ("Prudential") to provide annuities...

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