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COHEN v. STANLEY

No. 82 Civ. 210 (DNE).

566 F.Supp. 246 (1983)

Robert D. COHEN, Plaintiff, v. Edmund A. STANLEY, Jr., Victor Simonte, Jr., Franz Von Ziegesar and Carl R. Pite, Individually and in their capacity as Trustees of the Bowne Profit-Sharing Trust, Bowne Profit-Sharing Trust and Bowne Health Benefit Plan and Trust, Defendants.

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

June 20, 1983.

Attorney(s) appearing for the Case

Hertzog, Calamari & Gleason, New York City, for plaintiff; Loretta Preska, New York City, of counsel.

Simpson Thacher & Bartlett, New York City, for defendants; John W. Ohlweiler, New York City, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDELSTEIN, District Judge:

INTRODUCTION

This is an action under the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq. (1976 & Supp. IV 1980) ("ERISA") to compel the trustees of a profit-sharing plan to accelerate payment of the benefits held in the plaintiff's, a former employee's, account such...

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