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GAF CORP. v. POOLE

No. 83 Civ. 7766 (KTD).

715 F.Supp. 1212 (1989)

GAF CORPORATION, Plaintiff, v. William O. POOLE, R. Power Fraser, Walter Welch, and all others similarly situated, Defendants.

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

May 11, 1989.

Attorney(s) appearing for the Case

Carpenter, Bennett & Morrissey, Newark, N.J. (Francis X. Dee, Patrick G. Brady, David J. Reilly, of counsel), for plaintiff.

Hancock & Estabrook, Syracuse, N.Y. (David E. Peebles, R. John Clark, Renee L. James, of counsel), for defendants.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiff GAF Corporation ("GAF") moves in this class action for summary judgment pursuant to Fed.R.Civ.P. 56: (1) declaring that the amendment of GAF's Comprehensive Medical Plan for Retired Employees ("Medical Plan"), which excludes from coverage those retired employees who subsequently became employed by employers offering medical coverage, is a valid and effective exclusion, and (2) dismissing...

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