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SABEY v. HOWARD JOHNSON & CO.

Nos. 44278-3-I, 44382-8-I.

5 P.3d 730 (2000)

101 Wash.App. 575

David A. SABEY, Appellant, v. HOWARD JOHNSON & COMPANY, Respondent.

Court of Appeals of Washington, Division 1.

July 24, 2000.

Attorney(s) appearing for the Case

Arthur Washington Harrigan, Jr., Matthew Ryan Kennedy, Randal Thor Thomsen, Danielson, Harrigan & Tollefson, Mark J. Hentschell, Seattle, for Appellant.

Paul Renwick Taylor, Paul R. Raskin, Byrnes & Keller, Seattle, for Respondent.

ELLINGTON, J.

In 1989, David Sabey was interested in purchasing Frederick & Nelson Acquisition Company (FNAC). At the time, Howard Johnson, Inc., an actuarial firm, was assisting FNAC in phasing out its pension plan and replacing it with a 401(k) and profit-sharing plan. Howard Johnson communicated orally and in writing with Sabey's personal counsel about the adequacy of FNAC's pension plan funding and its compliance with...

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