WEIL v. RETIREMENT PLAN ADMIN. COMMITTEE

No. 1305, Docket 84-7109.

750 F.2d 10 (1984)

Warren WEIL and Maria Galuppo, Plaintiffs-Appellants, v. RETIREMENT PLAN ADMINISTRATIVE COMMITTEE FOR the TERSON COMPANY, INC., The Terson Company, Inc., and The Northern Trust Company, as Trustees of the Terson Company, Inc., Salaried Retirement Plan, and Rollins Burdick Hunter of New York, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Brief Received on August 27, 1984.

Decided December 3, 1984.


Attorney(s) appearing for the Case

John J. Braverman, New York City (Eagle & Fein, P.C., New York City, of counsel), for plaintiffs-appellants.

Logan T. Johnston, Phoenix, Ariz. (Winston & Strawn, Richard W. Cutler, New York City, of counsel), for defendants-appellees.

Glen L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Richard Farber, Michael J. Roach, Attys., Tax Division, Dept. of Justice, Washington, D.C., Rudolph W. Giuliani, U.S. Atty., New York City, of counsel, for the United States of America as amicus curiae.

Before FEINBERG, KAUFMAN, and PIERCE, Circuit Judges.


PIERCE, Circuit Judge:

Appellants Maria Galuppo and Warren Weil challenge the district court's grant of summary judgment in favor of appellees The Retirement Plan Administrative Committee for the Terson Company, Inc., The Terson Company, Inc. ("Terson"), The Northern Trust Company, Salaried Retirement Plan, and Rollins Burdick Hunter of New York, Inc. Appellants were formerly salaried employees of Terson's predecessor company...

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