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OWEN v. WADE LUPE CONST. CO., INC.

No. 02-CV-1048.

325 F.Supp.2d 146 (2004)

Amelia OWEN, Individually and as Trustee and Beneficiary of the Wade Lupe Construction Company, Inc. Employee Benefit Plan, Plaintiff, v. WADE LUPE CONSTRUCTION COMPANY, INC.; and Robert Lupe, as Trustee and/or Administrator of the Wade Lupe Construction Company, Inc. Employee Benefit Plan, Defendants.

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

July 14, 2004.

Attorney(s) appearing for the Case

Hinman Straub, P.C., Albany, NY (Paul M. Collins, of counsel), for plaintiff.

Gordon, Siegel, Mastro, Mullaney, Gordon & Galvin, P.C., Latham, NY (Melanie J. LaFond, Jeffrey T. Culkin, of Counsel), for defendants.

MEMORANDUM-DECISION and ORDER

HURD, District J.

I. INTRODUCTION

Plaintiff Amelia Owen ("Owen" or "plaintiff"), individually and as a trustee and beneficiary of the Wade Lupe Construction Company, Inc. Employee Benefit Plan ("Plan"), brought suit against Wade Lupe Construction Company, Inc. ("WLC") and Robert Lupe ("R. Lupe") (collectively, "defendants"), as Trustee and/or Administrator of the Plan,1 alleging...

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