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GORS v. VENOY PALMER MARKET, INC.

Civ. A. No. 83-CV-1838-DT.

578 F.Supp. 365 (1984)

George GORS, Plaintiff, v. VENOY PALMER MARKET, INC., a Michigan corporation, Leon Feig, Venoy Palmer Profit Sharing Plan & Trust, David Lieberman and Sommers, Schwartz, Silver & Schwartz, P.C., a Michigan professional corporation, jointly and severally, Defendants.

United States District Court, E.D. Michigan, S.D.

January 30, 1984.

Attorney(s) appearing for the Case

Weisman, Trogan, Young & Schloss, P.C. by Howard B. Young, John A. Ruemenapp, Troy, Mich., for plaintiff.

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen, P.C. by Ernest R. Bazzana, Patrick M. Barrett, Detroit, Mich., for defendants David Lieberman and Sommers, Schwartz, Silver & Schwartz, P.C.

Gropman & Peppler, P.C. by Dennis A. Peppler, Southfield, Mich., for defendants Venoy Palmer Market, Inc., Leon Feig and Venoy Palmer Profit Sharing Plan & Trust.

OPINION

GILMORE, District Judge.

This matter is before the Court upon the motion of defendants Lieberman and Sommers, Schwartz, Silver & Schwartz, P.C. (Sommers, Schwartz), for dismissal pursuant to F.R.C.P. 12(b)(1). It is claimed this Court lacks subject matter jurisdiction on the grounds the complaint does not state a cause of action under ERISA. The other defendants have answered the complaint, asserting that they acted in good faith upon advice...

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