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ABBARNO v. CARBORUNDUM CO.

No. Civ-86-666E.

682 F.Supp. 179 (1988)

Paul ABBARNO, et al., Plaintiffs, v. The CARBORUNDUM COMPANY, Kennecott Corporation, The Standard Oil Company (an Ohio Corporation) a/k/a Sohio, Sohio Industrial Products Company, a/k/a Sipco, and Sohio Chemicals and Industrial Products Company, a/k/a Scipco, Defendants.

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

March 22, 1988.

Attorney(s) appearing for the Case

Richard T. Sullivan, Buffalo, N.Y., for plaintiffs.

David K. Floyd, Buffalo, N.Y., for defendants.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

The plaintiffs seek to recover severance pay allegedly due them under a written "Severance Plan" maintained by the defendants and have demanded a jury trial. The defendants contend that this demand should be stricken pursuant to Fed.R.Civ.P. rule 12(f) as "immaterial or impertinent" because the plaintiffs' claims are equitable in nature and therefore not appropriate for trial by jury.

The plaintiffs...

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