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ACCARDI v. CONTROL DATA CORP.

No. 85 Civ. 9554 (WK).

658 F.Supp. 881 (1987)

Joseph W. ACCARDI, Theresa Apice, George L. Barnwell, Herby L. Bryant, Carmine A. Cipriano, Alfred A. De Leo, Ronald De Meo, Joseph Duggan, Evelyn F. Ernst, Roy L. Garland, Anthony V. Palmisano, John J. Sheridan, Ralph E. Visconti, Eduardo F. Gutierrez, Joseph S. Tralongo, Ann C. Venturino, Plaintiffs, v. CONTROL DATA CORPORATION, Defendant.

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

May 1, 1987.

Attorney(s) appearing for the Case

Purrington, McConnell & Agus, New York City, for plaintiffs; Stephen A. Agus, Selina G. Ericson, of counsel.

Oppenheimer, Wolff & Donnelly, New York City, for defendant; W. Herbert Plummer, Joseph J. Vicinanza, W. Christopher Jones, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Plaintiffs in this action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., seek severance pay from their former employer due to the sale of the division in which they worked to another company. Defendant Control Data Corporation ("CDC") moves for summary judgment pursuant to Fed.R. Civ.P. 56. For the reasons which follow, we deny defendant's motion and grant...

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