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O'NEIL v. GENCORP INC.

No. 89 Civ. 8498 (JSM).

764 F.Supp. 836 (1991)

Shane O'NEIL, et al., Plaintiffs, v. GENCORP, INC., et al., Defendants.

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

May 6, 1991.

Attorney(s) appearing for the Case

T. Barry Kingham, Curtis, Mallet-Prevost, Colt & Mosle, New York City, for plaintiffs.

William H. Powderly, III, Jones Day Reavis & Pogue, New York City, for defendants.

MARTIN, District Judge.

On May 9, 1991, the Court granted defendant GenCorp, Inc.'s ("GenCorp") motion to dismiss plaintiff's claim for punitive damages against GenCorp, Inc. pursuant to Rule 12(b)(6). 764 F.Supp. 833.

GenCorp now moves pursuant to 28 U.S.C. § 1292(b) to certify for immediate appeal the question whether punitive damages are available as a remedy under Section 502(a)(3) of the Employee Retirement Income...

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