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BOBO v. 1950 PENSION PLAN

No. CIV-81-449C.

548 F.Supp. 623 (1982)

Theodore BOBO, Plaintiff, v. 1950 PENSION PLAN and Dunlop Tire and Rubber Corporation, Defendants.

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

October 4, 1982.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y. (David B. Herrmann, Jr., Buffalo, N.Y., of counsel), for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y. (Paul F. Jones, Buffalo, N.Y., of counsel), for defendants.

CURTIN, Chief Judge.

This is an action for a declaratory judgment brought by the plaintiff pursuant to Rule 57 of the Federal Rules of Civil Procedure and 28 U.S.C. § 2201. Plaintiff seeks to clarify his rights under the Employment Retirement Income Security Act [ERISA], 29 U.S.C. § 1001 et seq., and to obtain other relief.

Many of the facts are not disputed, and I will briefly set them forth. Plaintiff is a former employee of the Dunlop Tire...

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