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GOLDBERG v. UNITED PARCEL SERVICE OF AMERICA, INC.

No. 84 CV 1076.

605 F.Supp. 588 (1985)

Anne M. GOLDBERG, Daniel Garner, Gerald Garner, Daniel Garner and Harvey Garner, as Trustees of G Family Trust # 1, Gerald J. Garner and Harvey Garner, as Trustees of G Family Trust # 2, Gerald J. Garner and Daniel Garner, as Trustees of G Family Trust # 3, Daniel Garner and Harvey Garner, as Trustees of G Family Trust # 11, Gerald J. Garner and Harvey Garner, as Trustees of G Family Trust # 12, Louis Goldberg and others similarly situated, Plaintiffs, v. UNITED PARCEL SERVICE OF AMERICA, INC., Fidelity Union Bank, Larry P. Breakiron, Charles R. Buckridge, Walter E. Danielwski, Carl Kaysen, George C. Lamb, Jr., Donald W. Laydon, Gary E. MacDougal, Kent C. Nelson, Paul Oberkotter, John W. Rogers, George P. Williams, III, Defendants.

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

January 7, 1985.

Attorney(s) appearing for the Case

Garner, Kreinces, Lichtenstein & Schindel by Leonard Kreinces, Mamaroneck, N.Y., for plaintiffs.

Schnader, Harrison, Segal & Lewis by Irving R. Segal, Philadelphia, Pa., Proskauer, Rose, Goetz & Mendelsohn by George G. Gallantz, New York City, for defendant United Parcel Service of America, Inc.

Riker, Danzig, Scherer & Hyland by Robert Fischer III, Newark, N.J., Cooper, Dunham, Clark, Griffin & Moran by Jules P. Kirsch, New York City, for defendant Fidelity Union Bank.

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendants in this action have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs cross-moved for certification as a class. For the reasons stated below, the defendants' motion is granted and therefore, the Court need not reach a decision on the class certification motion.

BACKGROUND

Plaintiffs, former United Parcel Service (UPS) employees and their...

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