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LAVERTY v. SAVOY INDUSTRIES, INC.

No. 89 Civ. 3728(DNE).

954 F.Supp. 86 (1997)

William J. LAVERTY, Plaintiff, v. SAVOY INDUSTRIES, INC., and John Selzer, and John R. Gioioso as fiduciaries of the Savoy Industries, Inc., Employee Benefit Plan, Defendants.

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

February 4, 1997.

Attorney(s) appearing for the Case

Holm Krisel & O'Hara, New York City (Andrew M. Krisel and William J. Placke, of counsel), for plaintiff.

Baer Marks & Upham, New York City (Deborah A. Skakel, of counsel), for defendants.

MEMORANDUM & ORDER

EDELSTEIN, District Judge:

Currently before the Court is defendants' motion for summary judgment dismissing plaintiff's first cause of action, pursuant to Federal Rule of Civil Procedure 56 ("Rule 56"). For the following reasons, defendants' motion is granted.

BACKGROUND

Plaintiff William J. Laverty ("Laverty" or "plaintiff") had been an employee and officer of defendant Savoy Industries, Inc. ("Savoy...

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