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AMERICAN COM., ETC. v. RETIREMENT PLAN, ETC.

No. 79 Civ. 4107.

507 F.Supp. 922 (1981)

AMERICAN COMMUNICATIONS ASSOCIATION, LOCAL 10, I.B.T., and Morton Cohen, Gus Protentis, Gabriel Meltzer, Mary Pinotti, Val Comforto, Robert Cooney, Baird Jackson, v. RETIREMENT PLAN FOR EMPLOYEES OF RCA CORPORATION and Subsidiary Companies, RCA Corporation, RCA Global Communications, Inc., RCA American Communications, Inc., Globcom Systems Inc. and Morgan Guaranty Trust Company of New York, the Chase Manhattan Bank, N. A., Manufacturers Hanover Trust Company, and Harris Trust and Savings Bank, Individually and as Trustees of the Retirement Plan for Employees of RCA Corporation and its Subsidiary Companies.

United States District Court, S. D. New York.

February 20, 1981.

Attorney(s) appearing for the Case

Cohen, Weiss & Simon, New York City, for plaintiffs; Samuel J. Cohen, Jani K. Rachelson, New York City, of counsel.

Cahill, Gordon & Reindel, New York City, for defendants; Joel C. Balsam, New York City, of counsel.

EDWARD WEINFELD, District Judge.

Familiarity is assumed with this Court's opinion dismissing plaintiffs' claims brought under ERISA and which was affirmed by the Court of Appeals, 488 F.Supp. 479 (S.D. N.Y.1980), aff'd 646 F.2d 559 (2d Cir. 1980).

The prevailing defendants now move for an award of attorney's fees and costs against the plaintiffs, pursuant to § 502(g) of ERISA, 29 U.S.C. § 1132(g), which...

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