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McLENDON v. CONTINENTAL GROUP, INC.

Civ. A. No. 83-1340.

602 F.Supp. 1492 (1985)

Cecil McLENDON, Don Vandertulip, Jimmie Cartharn, and Konrad Trojaniar, Plaintiffs, v. CONTINENTAL GROUP, INC., Defendant.

United States District Court, D. New Jersey.

January 22, 1985.

Attorney(s) appearing for the Case

Rothbard, Harris & Oxfeld by Emil Oxfeld, Newark, N.J., Plotkin & Jacobs by Robert Plotkin, Chicago, Ill., for plaintiffs.

Williams, Caliri, Miller & Otley by Terrence Dwyer and Barry T. Moskowitz, Wayne, N.J., for defendant.

SAROKIN, District Judge.

This action is before the court on defendant's motion to dismiss Counts I and II of plaintiff's Amended Complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and for summary judgment on Counts III and IV of that Complaint. At issue are important legal questions involving the scope and application of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. and the Racketeer Influenced and Corrupt...

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