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CLARKE v. BANK OF NEW YORK

No. 86 Civ. 5448 (JMC).

687 F.Supp. 863 (1988)

Edward T. CLARKE, Plaintiff, v. The BANK OF NEW YORK, Defendant.

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

May 19, 1988.

Attorney(s) appearing for the Case

Edward T. Clarke, pro se.

Suellen M. Galish, Bank of New York, New York City, for defendant.

OPINION

CANNELLA, District Judge.

Following a nonjury trial on the merits, the Court finds for the plaintiff in part. Fed.R.Civ.P. 52(a).

BACKGROUND

A bench trial of this action was held on October 20 and 21, 1987. The following discussion constitutes the Court's findings of fact and conclusions of law.

In 1972, the Bank of New York, Inc. [the "Bank"], instituted an Employee Profit-Sharing Plan [the "Profit-Sharing Plan"]. The Profit...

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