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CORIALE v. XEROX CORP.

No. 09-CV-6492L.

775 F.Supp.2d 583 (2011)

Samuel D. CORIALE, Charles Wellers, Gwendolyn Combs, Arthur Wohlabaugh. Vincent Cilento, Michael Walker, Edward Runge, David Ferren, Eric Kulberg, Melvin Kahler, Bernard Henning, individually and on behalf of all others similarly situated, Plaintiffs, v. XEROX CORPORATION, Lawrence Becker, Defendants.

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

April 6, 2011.

Attorney(s) appearing for the Case

David Ross Pfalzgraf, Jr., Danielle E. Shainbrown, Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo, NY, for Plaintiffs.

Margaret A. Clemens, Littler Mendelson, P.C., Rochester, NY, Sarah B. McClure, Steven J. Sacher, Pro Hac, Vice, Jones Day, Washington, DC, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

This action was commenced by eleven individual plaintiffs, who assert claims pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. The amended complaint, filed in November 2009, names six defendants: Xerox Corporation ("Xerox"); three retiree health care plans (collectively "plans"), including the Xerox...

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