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GOULD v. CONTINENTAL COFFEE COMPANY

No. 69 Civ. 185.

304 F.Supp. 1 (1969)

Lawrence E. GOULD, Plaintiff, v. CONTINENTAL COFFEE COMPANY, a corporation, Defendant.

United States District Court S. D. New York.

August 19, 1969.

Attorney(s) appearing for the Case

Moses & Singer, New York City, for plaintiff; Burton M. Freeman, New York City, of counsel.

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for defendant; Thomas R. Farrell, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendant Continental Coffee Corporation moves pursuant to Fed.R.Civ.P. 12(b) (6) for an order dismissing plaintiff's complaint for failure to state a claim upon which relief can be granted.

Plaintiff had been employed by defendant corporation for approximately 11½ years. Throughout this period, he had participated in defendant's profit-sharing trust plan (hereinafter referred to as "the Plan"), accumulating...

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