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OGDEN v. MICHIGAN BELL TELEPHONE CO.

Nos. 83-CV-0482, 83-CV-0752.

571 F.Supp. 520 (1983)

Norbert A. OGDEN, et al., Plaintiffs, v. MICHIGAN BELL TELEPHONE COMPANY, a Michigan corporation, and Dan Grady, Defendants. Frank M. BERLIN, Plaintiff, v. MICHIGAN BELL TELEPHONE COMPANY, a Michigan corporation, and Dan Grady, Defendants.

United States District Court, E.D. Michigan, S.D.

September 30, 1983.

Attorney(s) appearing for the Case

W. Merritt Jones, Jr., Robert B. Stevenson, Michael Kubacki, Detroit, Mich., Francis M. Fitzgerald, Mount Clemens, Mich., for plaintiffs.

Robert M. Vercruysse, Barbara S. Kendzierski, Constance M. Ettinger, Detroit, Mich., for defendants.

MEMORANDUM OPINION AND ORDER

PHILIP PRATT, District Judge.

Plaintiffs in these actions claim that they were wrongfully denied certain retirement benefits, in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., and Michigan common law. Before the Court is defendants' motion for partial dismissal pursuant to Fed.R.Civ.P. 12(b)(6). The parties have briefed the issues and have presented oral argument to the...

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