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FARRIE v. CHARLES TOWN RACES, INC.

Civ. A. No. 3:93-CV-12.

901 F.Supp. 1101 (1995)

Joseph FARRIE, individually and on behalf of himself and others similarly situated, Plaintiff, v. CHARLES TOWN RACES, INC., and Charles Town Racing Limited Partnership Race Track Employees Future Service Retirement Plan, and Donald Hudson, Larry Moxley, Henry Woodfield, William Perry, Betty Martin and Joy Lushbaugh, in their capacities as fiduciaries and trustees of the Charles Town Racing Limited Partnership Race Track Employees Pension Plan, Defendants.

United States District Court, N.D. West Virginia.

August 16, 1995.

Attorney(s) appearing for the Case

John F. Dascoli, Robin Jean Davis, Segal & Davis, Charleston, WV, for Plaintiff.

Charles F. Printz, Jr., Bowles, Rice, McDavid, Graff & Love, Martinsburg, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

This civil action is brought pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et. seq. ("ERISA") and involves certain funding provisions for the Charles Town Racing Limited Partnership Race Track Employees Future Service Retirement Plan ("the Plan"). The case is now before the Court on the defendants' motion to strike the plaintiff's demand for treble and punitive...

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