Ferry v. Mutual Life Ins. Co. of New York

MEMORANDUM OPINION

BLOCH, District Judge.

Presently before this Court is defendant’s motion to dismiss. For the reasons stated herein, defendant’s motion will be granted in part and denied in part.

I. Background

On May 7,1993, plaintiffs James Ferry, James Gloekler, John McIntyre, Herbert Miller, Jr., James Miller, and Alfred Staudt, as trustees of the Western Pennsylvania Electrical Employees Deferred Compensation Fund (the WPEE Plan and collectively the WPEE Plaintiffs), as well as plaintiff Central Mutual Insurance Company (CMIC), on its own behalf and as plan fiduciary for the Group Pension…