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DONALDSON v. HAMBURG SAV. BANK

No. 82 CIV 706.

568 F.Supp. 897 (1983)

Virginia DONALDSON, Individually and as Administratrix of the Estate of Robert Donaldson, deceased, Plaintiff, v. HAMBURG SAVINGS BANK, the Savings Banks Retirement System, Joseph Werner, Individually and as President/Chairman of the Board of Directors and Member of the Employees Benefits Committee of Hamburg Savings Bank, Roy C. Schoenhaar, Individually and as President and Member of the Employee Benefits Committee of the Hamburg Savings Bank, Robert F. Pondt, Individually and as Executive Vice President of the Hamburg Savings Bank and Paul S. LaRosa, Individually and as Assistant Vice President of Hamburg Savings Bank Retirement Plan, Defendants.

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

June 29, 1983.

Attorney(s) appearing for the Case

Fleck, Fleck & Fleck, Garden City, N.Y., for plaintiff; Wm. Donald Fleck, Garden City, N.Y., of counsel.

Cullen & Dykman, Brooklyn, N.Y., Milbank, Tweed, Hadley & McCloy, New York City, for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

By this action, brought under § 502 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132, plaintiff seeks a declaration that she is entitled to full disability pension benefits under the Retirement Plan of Hamburg Savings Bank ("the Plan.") She also requests an award of the difference between the pension benefits that she has been receiving and those she would be receiving...

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