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TORCHETTI v. INTERNATIONAL BUSINESS MACHINES CORP.

No. CIV.A.96-10243-PBS.

986 F.Supp. 49 (1997)

Albert P. TORCHETTI, v. INTERNATIONAL BUSINESS MACHINES CORP., et al., Defendants.

United States District Court, D. Massachusetts.

November 12, 1997.

Attorney(s) appearing for the Case

Eric S. Kupperstein, Kupperstein & Kupperstein, Boston, MA, for Plaintiffs.

Thomas E. Shirley, Choate, Hall & Stewart, Boston, MA, Howard S. Weber, Jay E. Gerber, Davis, Scott, Weber & Edwards, New York, NY, for Defendants.

ORDER RE: OBJECTIONS

SARIS, District Judge.

On May 15, 1997, the magistrate judge issued "Findings and Recommendations on Defendant's motion to dismiss and strike." (See Attachment A.) I assume familiarity with that decision and rule as follows:

I. Plaintiffs, Objections (Docket 34)

First, plaintiffs object to the order of the magistrate judge dismissing the claims under ERISA based on their contention that the fiduciary knew...

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