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BARCELONA v. FOX GROCERY CO. EMP. PEN. PLAN

Civ. A. No. 79-737.

483 F.Supp. 1128 (1980)

Charles BARCELONA, Plaintiff, v. FOX GROCERY COMPANY EMPLOYEES' PENSION PLAN, Fox Grocery Company, a corporation, Union National Bank of Pittsburgh, Trustee, Edward A. Savarno, Trustee, Defendants.

United States District Court, W. D. Pennsylvania.

January 2, 1980.

Attorney(s) appearing for the Case

Ralph Hardesty, Jaeckle, Fleischmann & Mugel, Buffalo, N. Y., for plaintiff.

Thomas E. Lippard, Houston, Cohen, Harbaugh & Lippard, Pittsburgh, Pa., for defendants.

OPINION

SNYDER, District Judge.

Charles Barcelona brings suit under the Employees Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., to recover pension benefits under a post-ERISA pension plan. Before the Court are Cross Motions for Summary Judgment. The Defendants' Motion will be granted and the Plaintiff's Motion will be denied.

I.

Barcelona began his employment with Fox Grocery (Fox) on July 20, 1958...

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