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CHICAGO PNEUMATIC TOOL CO. v. SMITH

No. 91-CV-822.

890 F.Supp. 100 (1995)

CHICAGO PNEUMATIC TOOL COMPANY; Doris Moore, Edwin Harcourt, and Bruce Daniels, Members of the Retirement Plan Committee of Chicago Pneumatic Tool Company; and Doris Moore, James E. Hoover and Carolyn A. Graham, Members of the Board of the Funded I.A.M. Pension Plan of Chicago Pneumatic Tool Company, Franklin, Pennsylvania, Plaintiffs, v. Melvin SMITH, International Association of Machinists and Aerospace Workers, and International Association of Machinists and Aerospace Workers, Local Lodge No. 2275, Defendants.

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

June 26, 1995.

Attorney(s) appearing for the Case

Bond Schoeneck & King (Thomas G. Eron, of counsel), Syracuse, NY, Matkov Salzman Madoff & Gunn (Allan Gunn, Kirk D. Messmer, of counsel), Chicago, IL, for plaintiffs.

Pinsky & Skandalis (Alan R. Peterman, of counsel), Syracuse, NY, for defendants.

MEMORANDUM — DECISION AND ORDER

McCURN, Senior District Judge.

BACKGROUND

Given the at times complex legal issues raised by these motions, it is easy to forget exactly what is at stake in this litigation, and that is whether defendant Melvin Smith is eligible for a pension; and if so, is he entitled to continue receiving monthly pension benefits in the amount of approximately $188.03,1 or, as Smith maintains...

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