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WELLS v. GANNETT RETIREMENT PLAN

No. CIVA03-M-2671 OES.

385 F.Supp.2d 1101 (2005)

Johnny WELLS, Donald J. Brookins, and Riley Andrew Shaeffer, on behalf of themselves and all others similarly situated, Plaintiffs, v. GANNETT RETIREMENT PLAN, and Gannett Co., Inc., Defendants.

United States District Court, D. Colorado.

March 22, 2005.

Attorney(s) appearing for the Case

Douglas R. Sprong, Korein Tillery, LLC, St. Louis, MO, John Hathaway Evans, Jr., John F. Walsh, III, Robert F. Hill, Hill & Robbins, P.C., Denver, CO, for Plaintiffs.

Kerri Atencio, Holland & Hart, LLP-Colorado Springs CO, Colorado Springs, CO, Margaret A. Clemens, Nixon Peabody, LLP, Rochester, NY, Michael S. Beaver, Parker Whitfield Dragovich, Holland & Hart, LLP-Greenwood Village Colorado, Greenwood Village CO, for Defendants

ORDERS ON DEFENDANTS' MOTION TO DISMISS

MATSCH, Senior District Judge.

This case is brought under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et. seq. ("ERISA"). The plaintiffs are employees of defendant Gannett Co., Inc. ("Gannett") and participants in Gannett's defined benefit plan called the Gannett Retirement Plan ("Plan"). In their first and second claims for relief, the plaintiffs claim that the defendants violated ERISA's accrual...

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