No. 75 Civ. 6453.

434 F.Supp. 671 (1976)

Harcourt AMORY, Jr., Plaintiff, v. BOYDEN ASSOCIATES, INC., Employees' Profit-Sharing and Voluntary Savings Plan, Boyden Associates, Inc., Allan W. Greene, William J. Graham and Paul E. Wilson, Individually and as members of the Managing Committee of the Plan, Defendants.

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

October 6, 1976.

Attorney(s) appearing for the Case

Olwine, Connelly, Chase, O'Donnell & Weyher, New York City by Joseph M. Burke, Lawrence J. Lafaro, Stephen R. Kruft, New York City, of counsel, for plaintiff.

Skadden, Arps, Slate, Meagher & Flom, New York City by William R. Meagher, Thomas J. Schwarz, Richard Bemporad, New York City, of counsel, for defendants.


WHITMAN KNAPP, District Judge.

Defendants move to dismiss and for summary judgment pursuant to Rules 12(b) and 56 of the Federal Rules of Civil Procedure, and plaintiff cross-moves for partial summary judgment on the first claim of his complaint. We have determined that neither motion can be granted.

Plaintiff had been employed by defendant Boyden Associates, Inc. (Boyden) for sixteen...

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