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CROWLEY EX REL. CORNING, INC. v. CORNING, INC.

No. 02-CV-6172.

234 F.Supp.2d 222 (2002)

Joseph J. CROWLEY, on Behalf of the CORNING, INC. INVESTMENT PLAN, and on Behalf of a Class of All Other Persons Similarly Situated, Plaintiff, v. CORNING, INCORPORATED, et al., Defendants.

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

December 9, 2002.

Attorney(s) appearing for the Case

Patrick A. Klingman, Esq., Robert A. Izard, Esq., Wayne T. Boulton, Esq., Schatz & Nobel, P.C., Hartford, CT, Eugene Welch, Esq., Harris, Chesworth & O'Brien, Rochester, NY, for Plaintiff.

Eugene D. Ulterino, Esq., Ryan T. Jenny, Esq., Carolyn G. Nussbaum, Esq., Nixon Peabody LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This Employee Retirement Income Security Case ("ERISA") case is before the Court on defendants' motion to dismiss plaintiff's amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).1 After considering the papers filed in support of, and in opposition to, the motion, and oral argument having been...

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