EASTMAN KODAK CO. v. BAYER CORP.

No. 04 Civ. 05132(MGC).

576 F.Supp.2d 548 (2008)

EASTMAN KODAK COMPANY and Martin M. Coyne, Plaintiffs, v. BAYER CORP., formerly miles inc; the Sterling Drug Inc. Supplemental Benefit plan; and the supplemental benefit plan Committee of Sterling Drug Inc., Defendants.

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

September 4, 2008.


Attorney(s) appearing for the Case

O'Melveny & Myers LLP by Karen M. Wahle, Esq., Robert M. Stern, Esq., Washington, DC, for Plaintiffs.

Rosen, Preminger & Bloom by David Preminger, Esq., New York, NY, for Plaintiff Coyne.

Eckert Seamans Cherin & Mellott, LLC by John J. Myers, Esq., Pittsburgh, PA, Heidell, Pittoni, Murphy & Bach, LLP by Scott Zimmerman, Esq., New York, NY, for Defendants.


OPINION

CEDARBAUM, District Judge.

Plaintiff Martin Coyne moves for summary judgment on this claim for pension benefits pursuant to 29 U.S.C. § 1132(a)(1)(B), Employee Retirement Income Security Act ("ERISA") § 502(a)(1)(B). An additional plaintiff, Eastman Kodak Co. ("Kodak"), sues for indemnification, but does not move for summary judgment at this time. Bayer Corp., the Sterling Drug Inc. Supplemental Benefit Plan, and the Supplemental...

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