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DONAHEY v. CHILDS EQUIPMENT CO., INC.

Civ. A. No. 91-814.

812 F.Supp. 566 (1992)

Edward DONAHEY, Plaintiff, v. CHILDS EQUIPMENT CO., INC., a Pennsylvania corporation; Childs Equipment Co., Inc. Profit Sharing Plan and Trust, a Pennsylvania pension plan; Monty Lilley, Trustee for the Childs Equipment Co., Inc. Profit Sharing Plan and Trust; and Patricia Lilley, Co-Trustee for the Childs Equipment Co., Inc. Profit Sharing Plan and Trust, Defendants.

United States District Court, W.D. Pennsylvania.

October 1, 1992.

Attorney(s) appearing for the Case

William I. Negle, Pittsburgh, PA, for plaintiff.

Breckinridge Willcox, Washington, DC, for defendants Monty Lilley & Childs Equipment Co., Inc.

J. Alan Johnson, Pittsburgh, PA, for defendant Childs Equipment Co., Inc. Profit Sharing Plan.

Patricia Lilley, pro se defendant.

MEMORANDUM OPINION

BLOCH, District Judge.

This action involves the claim of plaintiff Edward Donahey that Childs Equipment Co., Inc. Profit Sharing Plan and Trust (the Plan) failed to pay him benefits due and owing to him according to its terms. Additionally, plaintiff has alleged that the trustees, Monty and Patricia Lilley have breached their fiduciary duty to him, causing the failure to pay benefits.

The instant action was stayed as to defendant...

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