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  5. 728 F.Supp.2d 261 (2010)
 

ZANG & OTHERS SIMILARLY SITUATED v. PAYCHEX, INC.

No. 08-CV-6046L.

728 F.Supp.2d 261 (2010)

Steven R. ZANG, AND all OTHERS SIMILARLY SITUATED, Plaintiff, v. PAYCHEX, INC., Defendant.

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

August 2, 2010.

Attorney(s) appearing for the Case

Barry D. Adler, Adler and Assoc., Farmington Hills, MI, Gregory Y. Porter, Bailey & Glasser LLP, J. Brian McTigue, Jennifer H. Strouf, Patrick P. Degravelles, McTigue & Veis LLP, Washington, DC, Jules L. Smith, Blitman & King, Rochester, NY, for Plaintiff.

Alexander P. Ryan, Michael Joseph Prame, Washington, DC, Laura W. Smalley, Paul J. Yesawich, III, Harris Beach LLP, Pittsford, NY, Thomas G. McNeill, Dickinson Wright, Detroit, MI, for Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

This action was commenced in the United States District Court for the Eastern District of Michigan in August 2007, and was transferred to this Court on January 30, 2008. The action is brought by Steven R. Zang, a trustee of the Luxon & Zang PC 401(k) Profit Sharing Plan & Trust ("Plan"), against Paychex, Inc., pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. ...

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