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EYMER v. GROUND ROUND, INC.

No. 93-CV-785 (FJS)(GJD).

913 F.Supp. 693 (1996)

Jeffrey EYMER and Patrick Lappin, Plaintiffs, v. The GROUND ROUND, INC. and The Ground Round, Inc. Severance Pay Plan, Defendants.

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

February 12, 1996.

Attorney(s) appearing for the Case

Greene, Hershdorfer & Sharpe, Syracuse, NY (Beth A. Brownson, of counsel), for plaintiffs.

Hogan & Hartson, Washington, DC (John F. Dienelt, of counsel), for defendants.

DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

This action involves claims brought pursuant to the Employment Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), as well as breach of contract claims, and an age discrimination claim brought pursuant to N.Y.Exec.Law § 296. More specifically, plaintiffs' ERISA claims are based upon the alleged failure of the defendants...

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