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POLLOCK v. CASTROVINCI

No. 78 Civ. 2071 (GLG).

476 F.Supp. 606 (1979)

Ann POLLOCK, Plaintiff, v. Basil CASTROVINCI, Individually and Trustee of the Basil Castrovinci Associates, Pension Trust, and Basil Castrovinci Associates, Inc., Defendants.

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

Opinion July 23, 1979.

As Amended September 10, and November 7, 1979.

Attorney(s) appearing for the Case

Shatzkin, Cooper, Labaton, Rudoff & Bandler, New York City, for plaintiff; Joel C. Feffer, Madelyn C. Littman, New York City, of counsel.

Eugene Mittelman, New York City, for defendants.

ON MOTION TO STRIKE JURY DEMAND

GOETTEL, District Judge.

Defendants have moved to strike plaintiff's demand for a jury trial claiming that all the plaintiff's claims relate to the defendants' breach of their fiduciary responsibility either under the common law or under ERISA, and that all such claims have always been treated as equitable. Plaintiff submitted a demand for a jury trial as to all counts. However, in open court on June 15, 1979, she has limited...

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