MEMORANDUM AND ORDER
FREEDMAN, District Judge.
In this action brought under §§ 404, 405 and 502 of the Employee Retirement Income Security Act (hereinafter "ERISA"), 29 U.S.C. §§ 1104, 1105 and 1132, and § 401 of the Internal Revenue Code, 26 U.S.C. § 401, plaintiff seeks to recover amounts he claims due him under an employee profit sharing plan as well as damages from the trustees of the plan for deceit, fraud, misrepresentation...
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