WINER v. EDISON BROS. STORES PENSION PLAN

Nos. 77-312C(2) and 77-894C(2).

447 F.Supp. 836 (1978)

Henry WINER, Plaintiff, v. EDISON BROTHERS STORES PENSION PLAN, Defendant. Ray MARSHALL, Secretary of the U. S. Department of Labor, Plaintiff, v. EDISON BROTHERS STORES PENSION PLAN, Eric P. Newman, Julian I. Edison, Bernard Edison, Lewis Pate, Sam Alton, Walter Heinecke, Andrew Newman and Louis Melchior, Defendants.

United States District Court, E. D. Missouri, E. D.

March 14, 1978.


Attorney(s) appearing for the Case

Theodore F. Schwartz and Marvin Moldafsky, Clayton, Mo., for plaintiff in No. 77-312C(2).

Myron Gollub and Alan B. Hoffman, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., for defendants.

Robert D. Kingsland, U. S. Atty., Wesley D. Wedemeyer, Asst. U. S. Atty., St. Louis, Mo., Carin Ann Clauss, Sol. of Labor, Morton Klevan, Acting Associate Sol., Plan Benefits Security Div., Monica Gallagher, Enforcement, Plan Benefits Security Div., Samuel W. Halpern, Atty., Plan Benefits Security Div., Office of the Sol., U. S. Dept. of Labor, Washington, D. C., for plaintiff in No. 77-894C(2).


MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court upon cross motions for summary judgment. Case No. 77-894C(2) was filed by the Secretary of Labor pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, and was ordered consolidated with Case No. 77-312C(2), Henry Winer v. Edison Brothers Stores Pension Plan. There is no genuine issue with regard...

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