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MARSHALL v. CRAFT

Civ. A. No. C78-1237A.

463 F.Supp. 493 (1978)

Ray MARSHALL, Secretary of the United States Department of Labor v. Allen CRAFT, Jr., Sconnie B. Craft, and Virginia Massar.

United States District Court, N. D. Georgia, Atlanta Division.

December 13, 1978.

Attorney(s) appearing for the Case

David V. Marshall and Norman P. Goldberg, U. S. Dept. of Labor, Plan Benefits Security Div., Washington, D. C., for plaintiff.

Richard L. Stumm and B. Lee Crawford, Jr., of O'Callaghan, Saunders & Stumm, Atlanta, Ga., for defendants.

ORDER

EDENFIELD, District Judge.

This action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., is before the court on defendants' motion to dismiss.

Plaintiff alleges that defendants Allen Craft and Virginia Massar have been trustees since October, 1966 for the Craft Associates Company, Inc. Profit Sharing Trust (the Plan), an employee pension benefit plan under § 3(2) of ERISA, 29...

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