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RUBIN v. DECISION CONCEPTS INC.

No. 81 Civ. 2959 (CMM).

566 F.Supp. 1057 (1983)

Martin E. RUBIN, Plaintiff, v. DECISION CONCEPTS INC., Ernest W. Rodrigues, John J. Villafranco and Fanny Farrel, Defendants.

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

May 19, 1983.

Attorney(s) appearing for the Case

Seymour Schorr, New York City, for plaintiff.

Ernest Holzberg, New York City, for defendants.

METZNER, District Judge.

In this action the plaintiff, a former employee of defendant Decision Concepts Inc., brings suit under Section 502(a)(1)(B) of ERISA, 29 U.S.C. § 1132(a)(1)(B), to recover benefits allegedly due under a defined contribution pension plan. Defendants contend that the plan was subsequently effectively amended to a profit sharing plan which is the document that should govern whether any recovery is due plaintiff. The individual defendants...

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