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BIRMINGHAM v. SOGEN-SWISS INTERN. CORP. RETIREMENT

No. 1074, Docket 82-7934.

718 F.2d 515 (1983)

Thomas BIRMINGHAM and Anthony J. Morano, Plaintiffs-Appellees, 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, SoGen-Swiss International Corporation Retirement Plan, George J. Helwig, Hans P. Offenborn, Gerd Schaeffer, and SoGen-Swiss International Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 14, 1983.

Attorney(s) appearing for the Case

Matthew Gluck, New York City (Fried, Frank, Harris, Shriver & Jacobson, William F. McGuinness, New York City, of counsel), for defendants-appellants.

Gilbert Siegel, New York City (Garrell, Siegel & Katz, New York City, of counsel), for plaintiffs-appellees.

Before OAKES, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Defendants SoGen-Swiss International Corporation Retirement Plan ("the Plan"), George J. Helwig, Hans P. Offenborn, Gerd Schaeffer, and SoGen-Swiss International Corporation (collectively "SoGen"), appeal from Judge Carter's grant of summary judgment in favor of the plaintiffs Thomas Birmingham and Anthony Morano. 529 F.Supp. 86. He held that the plaintiffs were entitled to certain lump sum pension benefit...

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