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EGGERT v. MERRIMAC PAPER CO., INC. LEVERAGED EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST

No. CIV.A. 03-10048-RBC.

311 F.Supp.2d 245 (2004)

Alan R. EGGERT and Ralph Harrison, Plaintiffs, v. THE MERRIMAC PAPER COMPANY, INC. LEVERAGED EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST ("the ESOP"), Merrimac Paper Co., Inc., in its corporate capacity and as sponsor of the ESOP, Gerard J. Griffin, Jr., Brewster Stetson, James Moriarty, and John T. Leahy, as they are or were Administrators and/or Trustees of the ESOP, Defendants.

United States District Court, D. Massachusetts.

March 31, 2004.

Attorney(s) appearing for the Case

Joan I. Ackerstein, Richard W. Paterniti, Jackson Lewis LLP, Boston, MA, for James Moriarty, Defendant.

Bernard J. Bonn, III, Matthew A. Porter, Dechert LLP, Boston, MA, Robert P. Morris, Robert P. Joy, Morgan, Brown & Joy, Boston, MA, for Gerard J. Griffin, Jr., Defendant.

Michael T. Gass, Christine M. O'Connor, Palmer & Dodge, LLP, Boston, MA, for Brewster Stetson, Defendant.

William R. Grimm, Hinckley, Allen and Snyder, LLP, Boston, MA, for Merrimac Paper Co., Inc., The Merrimac Paper Company, Inc. Leveraged Employee Stock Ownership Plan and Trust (the" Esop"), Defendants.

Jeffrey B. Renton, Gilbert & Renton, Andover, for Alan R. Eggert, Ralph Harrison, Plaintiffs.

Thomas P. Smith, Caffrey & Smith, P.C., Lawrence, for Ralph Harrison, Plaintiff.

MEMORANDUM AND ORDER ON MOTION OF DEFENDANTS BREWSTER STETSON AND JOHN T. LEAHY TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (# 35), MOTION OF DEFENDANT GERARD J. GRIFFIN, JR. TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (# 38) AND DEFENDANT JAMES MORIARTY'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (# 39)

COLLINGS, United States Magistrate Judge.

I. Introduction

In their Second Amended Complaint, plaintiffs Alan R. Eggert...

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