DENZER v. PUROFIED DOWN PRODUCTS CORP., ETC.

No. 79 Civ. 223.

474 F.Supp. 773 (1979)

James DENZER, Plaintiff, v. PUROFIED DOWN PRODUCTS CORP. PROFIT-SHARING AND RETIREMENT PLAN et al., Defendants.

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

July 18, 1979.


Attorney(s) appearing for the Case

John J. Meglio, New York City, for plaintiff.

Daniel Schiffman, New York City, for defendants.


MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

The plaintiff, James Denzer, brought this action under the Employment Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA") to recover pension benefits. The defendants, Purofied Down Corp. ("Purofied"), the Purofied Down Corp. Profit-Sharing and Retirement Plan (the "Plan") and Bankers Trust Co. (the "Trustee"), move under Fed.R.Civ.P. 12(b)(6) to dismiss the complaint for...

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