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VAN ORMAN v. AMERICAN INS. CO.

Civ. A. Nos. 75-2007, 76-2287 and 75CV14-W-L.

608 F.Supp. 13 (1984)

Francis VAN ORMAN, on his own behalf and on behalf of all participants and beneficiaries similarly situated, Plaintiff, v. The AMERICAN INSURANCE COMPANY, et al., Defendants. Nellie TAYLOR and Andrew Marsh, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. FIREMAN'S FUND INSURANCE COMPANY, et al., Defendants.

United States District Court, D. New Jersey.

March 26, 1984.

Attorney(s) appearing for the Case

Meyner and Landis by Edwin C. Landis, Jr., Jeffrey L. Reiner, Richard L. Schaplowsky, Newark, N.J. and Watson, Ess, Marshall & Enggas by Allan L. Bioff, Paul R. Lamoree (Missouri Bar), Kansas City, Mo., for plaintiffs.

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney by Albert G. Besser, Irvin M. Freilich, Newark, N.J. and Orrick, Herrington & Sutcliffe by Cameron W. Wolfe, Jr., Norman C. Hile (California Bar), San Francisco, Cal., for defendants.

OPINION

DEBEVOISE, District Judge.

A number of motions are pending in this action. Critical to the ultimate resolution of this controversy are the parties' cross-motions for summary judgment testing the validity of the reactivation of The American Retirement Plan ("TARP"). These summary judgment motions will be dealt with first.

I. Background

A. Facts and History of the Litigation: The history of this litigation and a recital...

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