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FREUND v. GERSON

No. 81-411-CIV-EPS.

610 F.Supp. 69 (1985)

Irwin FREUND, Plaintiff, v. Gary R. GERSON and Neity Gerson as Trustees of Gary R. Gerson, C.P.A., P.A. Pension Trust, and Gary R. Gerson, C.P.A., P.A. Pension Trust, Defendants.

United States District Court, S.D. Florida, Miami Division.

April 18, 1985.

Attorney(s) appearing for the Case

Ronald Gilbert, Miami, Fla., for plaintiff.

James Kenny, Miami, Fla., for defendants.

MEMORANDUM OPINION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW

SPELLMAN, District Judge.

This action is brought under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1381 (1975). Jurisdiction is predicated upon 29 U.S.C. § 1132. The Plaintiff, Irwin Freund, seeks "to recover benefits [allegedly] due to him ... under his [Pension] plan." 29 U.S.C. § 1132(a)(1)(B). A non-jury trial was held on March 14, 1985 and...

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