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MEYER v. PHILLIP MORRIS, INC.

No. 83-1107C(1).

575 F.Supp. 1232 (1983)

Garret F. MEYER, Jr., Plaintiff, v. PHILLIP MORRIS, INC., and The Seven-Up Company, Defendants.

United States District Court, E.D. Missouri, E.D.

December 28, 1983.

Attorney(s) appearing for the Case

Kent D. Kehr, Clayton, Mo., for plaintiff.

Thomas C. Walsh, St. Louis, Mo., for defendants.

MEMORANDUM

NANGLE, Chief Judge.

This case is now before this Court on defendants' motion to dismiss Count II of plaintiff's First Amended Complaint. Defendants' motion requires this Court to decide a question of first impression: whether punitive damages are recoverable for willful, wanton and malicious violations of §§ 104(b)(1) and (3) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1024(b)(1), (3). This...

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