Attorney(s) appearing for the Case
Robert D. Abrahams, of Abrahams & Loewenstein, Philadelphia, Pa., argued the case for plaintiff.
Walter I. Summerfield, Jr., of Shapiro, Rosenfeld, Stalberg & Cook, Philadelphia, Pa., argued the case for defendants.
United States District Court E. D. Pennsylvania.
JOSEPH S. LORD, III, District Judge.
This is an action by plaintiff against his former employer, Food Fair Stores, Inc. (Company) and against the Trustee of Company's Incentive Bonus & Retirement Plan (Plan) to establish his rights in the Plan and for judgment in that amount. Defendants, asserting that the complaint fails to state a claim upon which relief can be granted, have moved to dismiss under Fed.Rules Civ.Proc. 12 (b) (6), 28 U.S.C.A., and have filed affidavits...
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