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SAVODNIK v. KORVETTES, INC.

No. 78 C 43.

488 F.Supp. 822 (1980)

Morton SAVODNIK, Plaintiff, v. KORVETTES, INC., the Committee of the Retirement Plan of Korvette, Inc. and the Trustee of the Retirement Plan of Korvettes, Inc., Defendants.

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

April 23, 1980.

Attorney(s) appearing for the Case

Gitomer, Schwimmer & Gitomer, Forest Hills, N. Y., for plaintiff; Fred Gross, Haddenfield, N. J., and Gary B. Berns, Forest Hills, N. Y., of counsel.

Parker, Chapin, Flattau & Klimpl, New York City, for defendant; Peter M. Panken and Barbara M. Ryniker, New York City, of counsel.

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendants have moved to dismiss the Second Amended Complaint, in part or whole, pursuant to Federal Rules of Civil Procedure ("FRCP") 8, 9, 10, 12(b)(1), 12(b)(6), 12(e) and 12(f). Defendants urge that plaintiff has failed to satisfy minimal pleading requirements, failed to state a claim upon which relief can be granted, and that the complaint must fail for lack of jurisdiction over the subject matter and for...

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