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BAUMGARDNER v. INCO ALLOYS INTERN., INC.

Civ. A. No. 3:89-0560.

746 F.Supp. 623 (1990)

L.E. BAUMGARDNER, Donald C. Dunkle, W. Jack Jeffrey, Vernon A. Closser, W.E. Meadows, Jr., and William Halley, Plaintiffs, v. INCO ALLOYS INTERNATIONAL, INC., Bankers Trust Company, Inco Limited, the Board of Administration for Retirement Savings Plan of Inco Limited and Subsidiaries, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

September 13, 1990.

Attorney(s) appearing for the Case

Donald R. Capper, Proctorville, Ohio, for plaintiffs.

John E. Jenkins, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W.Va., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court is the Defendants' motion for summary judgment pursuant to Rule 56(c), Federal Rules of Civil Procedure. The Court grants in part the Defendants' motion.

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits on file, if any, show that there are no genuine issues as to any material fact...

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