Seip v. D.G. Coleman, Inc.

*1399ORDER DENYING SUMMARY JUDGMENT

KANE, Senior District Judge.

Plaintiff Randy J. Seip commenced this action on June 29, 1992. He asserts three claims for relief against his former employer and the employer’s employee welfare benefit plan. First, he claims that the employer unlawfully withheld benefits under the plan in violation of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B). Second, he alleges that the plan breached its fiduciary duty, also in violation of ERISA. See id. §§ 1109, 1132(a)(2). Third, he brings a state law breach of contract claim against the…