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PEDRE CO., INC. v. ROBINS

No. 94 CIV. 3032(JSR).

984 F.Supp. 235 (1997)

The PEDRE COMPANY, INC., the Pedre Company Profit Sharing Plan, and R. Peter Gunshor, Plaintiffs, v. Lee ROBINS, Stanley A. Deitch, CPI Associates, Inc., Windsor Associates, Emerson F. Markham, Martin I. Blaustein and Conceptual Planning, Inc., Defendants. Lee ROBINS, Stanley A. Deitch, CPI Associates, Inc., Windsor Associates, and Conceptual Planning, Inc., Third-Party Plaintiffs, v. Steven BOUGHNER, Third-Party Defendant.

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

December 15, 1997.

Attorney(s) appearing for the Case

Elliot I. Miller, Southport, CT, for Pedre Co., Inc., Pedre Co. Profit Sharing Plan, R. Peter Gunshor.

Andrew Irving, New York, NY, for Robins, Deitch, CPI, Windsor, Conceptional Planning.

Christopher Houlihan, New York, NY, for Blaustein.

Francis a Carling, New York, NY, for Markham.

MEMORANDUM ORDER

RAKOFF, District Judge.

This is an action by a Profit Sharing Plan and its trustee alleging breach of fiduciary duty under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. ("ERISA") as well as various claims under New York State law. Following discovery, defendants Robins, Deitch, CPI, Windsor Associates, and Conceptual Planning ("the Robins defendants") jointly moved for summary judgment. Separate...

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