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BLACK v. BRESEE'S ONEONTA DEPT. STORE SEC. PLAN

No. 94-CV-442.

919 F.Supp. 597 (1996)

Kenneth A. BLACK, Plaintiff, v. BRESEE'S ONEONTA DEPARTMENT STORE, INC. SECURITY PLAN and Bresee's Oneonta Department Store, Inc., Defendants. BRESEE'S ONEONTA DEPARTMENT STORE, INC. SECURITY PLAN and Bresee's Oneonta Department Store, Inc., Third-Party Plaintiffs, v. Gary P. DiCRESCE, Individually and doing business as Gary P. DiCresce and Associates, Third-Party Defendant.

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

March 19, 1996.

Attorney(s) appearing for the Case

Coughlin & Gerhart, Richard Mertens, Binghamton, N.Y., for Plaintiff.

James E. Konstanty, Oneonta, N.Y., Helm, Shapiro, Anito & McCale, P.C., Mark D. Lansing, Albany, N.Y., for Defendants/Third-Party Plaintiffs.

Smith, Sovik, Kendrick & Sugnet, P.C., James A. O'Shea, Syracuse, N.Y., for Third-Party Defendant.

MEMORANDUM DECISION AND ORDER

McAVOY, Chief Judge.

Plaintiff Kenneth A. Black filed this action pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., claiming that certain pension plan benefits owed and due from defendant Bresee's Oneonta Department Store, Inc Security Plan were not paid by his employer, defendant Bresee's Oneonta Department Store, Inc. By a decision from the bench on June 23, 1995, this...

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