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PANECCASIO v. UNISOURCE WORLDWIDE, INC.

Docket No. 06-3950-cv.

532 F.3d 101 (2008)

Eugene PANECCASIO, Plaintiff-Appellant, v. UNISOURCE WORLDWIDE, INC., Georgia-Pacific Corp., IKON Office Solutions, Inc., formerly known as Alco Standard Corp., Board of Directors, Ind. & as Fiduciaries of IKON Office Solutions, Inc., and W.J. Hope, Jr., Ind. & as Admin. & Fiduciary of the 1991 IKON Office Solutions Inc. Deferred Compensation Plan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 7, 2008.

Attorney(s) appearing for the Case

Andrew B. Bowman, Westport, CT, for Plaintiff-Appellant.

Felix J. Springer (Howard Fetner, on the brief), Day Pitney LLP, Hartford, CT, for Defendants-Appellees Unisource Worldwide, Inc. and Georgia-Pacific Corporation.

Kay Kyungsun Yu, Pepper Hamilton LLP, (Joseph J. Costello, Morgan Lewis & Bockius LLP, on the brief), Philadelphia, PA, for Defendants-Appellees Alco Standard Corporation, IKON Office Solutions, Inc., Board of Directors of IKON Office Solutions, Inc., and W.J. Hope, Jr.

Before: JACOBS, Chief Judge, POOLER and SACK, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Plaintiff Eugene Paneccasio ("Paneccasio") elected to participate in his company's deferred compensation plan at a level designed to provide him, once fully vested, with a $15,000 annuity for ten years following his retirement no earlier than age 65, plus life insurance. The plan was subject to termination, at the company's election, on payment of certain sums to participants depending on whether they were or were not yet receiving benefits...

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