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McCABE v. CAPITAL MERCURY APPAREL

No. 09 Civ. 8617(SAS).

752 F.Supp.2d 396 (2010)

Paul McCABE, Plaintiff, v. CAPITAL MERCURY APPAREL, et al., Defendant.

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

November 9, 2010.

Attorney(s) appearing for the Case

Michael Adam Schwartz, Esq., Horwitz, Horwitz & Paradis, New York, NY, for Plaintiff.

Jonathan Gary Rose, Esq., Lisa M. Lewis, Esq., Sheppard Mullin Richter & Hampton LLP, Washington, DC, for Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Plaintiff Paul McCabe brings this putative class action pursuant to Sections 404 and 502 of the Employee Retirement Income Security Act ("ERISA"),1 on behalf of himself and other former vested participants of an Employee Stock Ownership Plan ("ESOP" or the "Plan") who received a cash distribution on or about June 2009 (the "Class"), against...

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