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WEIL v. RETIREMENT PLAN ADMIN. COM. OF TERSON CO.

No. 82 Civ. 8468 (LFM).

577 F.Supp. 781 (1984)

Warren WEIL and Maria Galuppo, Plaintiffs, v. RETIREMENT PLAN ADMINISTRATIVE COMMITTEE OF the TERSON COMPANY, INC.; the Terson Company, Inc. and the Northern Trust Company, as Trustees of the Terson Company, Inc., Salaried Retirement Plan; and Rollins Burdick Hunter of New York, Inc., Defendants.

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

January 5, 1984.

Attorney(s) appearing for the Case

Eagle & Fein, P.C., New York City, for plaintiffs; Steven P. Rapoport, New York City, of counsel.

Richard W. Cutler, New York City, for defendants; Winston & Strawn by Logan T. Johnston III, Chicago, Ill., of counsel.

OPINION and ORDER

MacMAHON, District Judge.

Plaintiffs and defendants cross-move for summary judgment. We deny plaintiffs' motion and grant summary judgment for defendants.

Plaintiffs are past employees of Ward Foods, Inc. ("Ward"). They claim that they are entitled to certain benefits from the company's retirement plan as a result of a "partial termination" of that plan in 1981, as defined by the plan and applicable IRS regulations. Terson Company...

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