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BROWN v. ROTH

Civ. A. No. 89-518.

729 F.Supp. 391 (1990)

Francis P. BROWN, etc., Plaintiffs, v. Lawrence ROTH, et al., Defendants.

United States District Court, D. New Jersey.

January 31, 1990.

Attorney(s) appearing for the Case

Barry A. Kozyra, Walder, Sondak, Berkeley & Brogan, Roseland, N.J., for plaintiffs.

Christopher J. Bednarz, Voorhees & Acciavatti, Morristown, N.J., for defendant Roth.

Gerald T. Ford, Siff, Rosen & Parker, Newark, N.J., for defendants Lipman, Cestare & Selznick.

OPINION

WOLIN, District Judge.

This matter arises under the Employment Retirement Income Security Act ("ERISA" or "the Act"), 29 U.S.C. § 1001, et seq. and requires the Court to probe the definitional boundaries of that shadowy figure, the "fiduciary." Plaintiff Francis P. Brown, as trustee and beneficiary on behalf of Alpha Profit Sharing Trust ("the Trust") has filed suit against Lawrence Roth, a certified public accountant, and the accounting...

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