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SAVODNIK v. KORVETTES, INC.

No. 78C 43.

489 F.Supp. 1010 (1980)

Morton SAVODNIK, Individually and on behalf of Others Similarly Situated, Plaintiff, v. KORVETTES, INC., the Committee of the Retirement Plan of Korvettes, Inc., and the Trustees of the Retirement Plan of Korvettes, Inc., Defendants.

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

May 28, 1980.

Attorney(s) appearing for the Case

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

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

MEMORANDUM AND ORDER

PLATT, District Judge.

Defendants' motion for reargument of their motion to (i) dismiss or in the alternative (ii) amend the decision to certify that the decision contains a controlling question of law pursuant to 28 U.S.C. § 1292(b), is denied.

I

Defendants complain that the Court failed to recognize in its opinion that the defendants had in their papers not conceded that plaintiff's termination was wrongful

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