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O'NEIL v. GENCORP, INC.

No. 88 CIV. 8498 (JSM).

764 F.Supp. 833 (1991)

Shane O'NEIL and Robert Johnson on behalf of themselves and all those similarly situated, Plaintiffs, v. GENCORP, INC., Retirement Plan for Salaried Employees of RKO General, Inc. and Certain Subsidiary Companies; and RKO Bottlers, Inc., Retirement Plan for Non-Union Employees, Defendants.

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

May 6, 1991.

MEMORANDUM OPINION AND ORDER

MARTIN, District Judge:

This matter is before the Court on defendant GenCorp's motion to dismiss plaintiffs' claim for punitive damages and defendant GenCorp, Inc. pursuant to Rule 12(b)(6).

GenCorp seeks dismissal from this action on two grounds: a) it claims that since the only remedy sought from it is punitive damages and this being unavailable to plaintiffs as a matter of law, GenCorp should be dismissed; and b) the...

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