MEMORANDUM OPINION
MAROVITZ, District Judge.
Motion to Dismiss and Cross-motions for Summary Judgment
Plaintiff David Frary brings this action against Shorr Paper Products, Inc. (Shorr Paper), Robert Shorr (Shorr), and the Shorr Paper Products, Inc. Employees' Profit Sharing Plan and Profit Sharing Trust (the "Plan") under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1381.
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