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O'CONNOR v. COMMONWEALTH GAS CO.

No. CIV.A. 97-12792-MEL.

85 F.Supp.2d 49 (2000)

Joseph O'CONNOR and Peter Horning, Plaintiffs, v. COMMONWEALTH GAS COMPANY and John Williams, Defendants.

United States District Court, D. Massachusetts.

February 23, 2000.

Attorney(s) appearing for the Case

Donald P. Ricklefs, Ricklefs & Co., P.C., Boston, MA, David A. Miller, Michele P. Pilotte, Bruce H. Norwell, Ricklefs & Company, PC, Boston, MA, for Plaintiffs.

David S. Rubin, Epstein, Becker & Green, P.C., Boston, MA, for Defendants.

LASKER, District Judge.

Joseph O'Connor and Peter Horning challenge their former employer, Commonwealth Gas Company's, refusal to include them in a severance plan, the Personnel Reduction Program ("PRP"), which provided enhanced benefits to retirees. In their original complaint, the plaintiffs sought recovery on several theories, based variously on the Employee Retirement Income Security Act of 1974 ("ERISA"),1 federal common law and state...

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