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BIRMINGHAM v. SOGEN-SWISS INTERN. CORP., ETC.

No. 80 Civ. 4018 (RLC).

529 F.Supp. 86 (1981)

Thomas BIRMINGHAM and Anthony J. Morano, Plaintiffs, v. SOGEN-SWISS INTERNATIONAL CORPORATION RETIREMENT PLAN, George J. Helwig, Hans P. Offenborn, Gerd Schaeffer, United States Trust Company of New York and Sogen-Swiss International Corporation, Defendants.

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

September 21, 1981.

Attorney(s) appearing for the Case

Garrell, Siegal & Katz, New York City, for plaintiffs; Gilbert Siegal, New York City, of counsel.

Fried, Frank, Harris, Shriver & Jacobson, New York City, for defendants Sogen-Swiss Intern. Corp. Retirement Plan, George J. Helwig, Hans P. Offenborn, Gerd Schaeffer, Sogen-Swiss Intern. Corp., Matthew Gluck, William G. McGuinness, New York City, of counsel.

Carter, Ledyard & Milburn, New York City, for defendant United States Trust Co. of New York.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiffs Thomas Birmingham and Anthony J. Morano have brought this "ERISA" action pursuant to 29 U.S.C. § 1132 and 28 U.S.C. § 1331 to recover $68,840.00 and $6,051.00 respectively, these sums representing the difference in final lump sum pension benefit payments due plaintiffs, depending upon which of two methods of calculating the payments is utilized. Plaintiffs and defendants have cross-moved for...

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