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SIEGEL v. FIRST PENNSYLVANIA BANKING AND TRUST CO.

Civ. A. No. 29583.

201 F.Supp. 664 (1961)

Norman SIEGEL v. The FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, Trustee under Food Fair Stores, Inc. Incentive Bonus & Retirement Plan, and Food Fair Stores, Inc.

United States District Court E. D. Pennsylvania.

December 21, 1961.

Attorney(s) appearing for the Case

Robert D. Abrahams, of Abrahams & Loewenstein, Philadelphia, Pa., argued the case for plaintiff.

Walter I. Summerfield, Jr., of Shapiro, Rosenfeld, Stalberg & Cook, Philadelphia, Pa., argued the case for defendants.

JOSEPH S. LORD, III, District Judge.

This is an action by plaintiff against his former employer, Food Fair Stores, Inc. (Company) and against the Trustee of Company's Incentive Bonus & Retirement Plan (Plan) to establish his rights in the Plan and for judgment in that amount. Defendants, asserting that the complaint fails to state a claim upon which relief can be granted, have moved to dismiss under Fed.Rules Civ.Proc. 12 (b) (6), 28 U.S.C.A., and have filed affidavits...

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