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LOWEN v. TOWER ASSET MANAGEMENT, INC.

No. 85 Civ. 9545 (VLB).

653 F.Supp. 1542 (1987)

Robert J. LOWEN, et al., Plaintiffs, v. TOWER ASSET MANAGEMENT, INC., et al., Defendants.

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

February 25, 1987.

Attorney(s) appearing for the Case

Bettina B. Plevan, Proskauer Rose Goetz & Mendelsohn, Seham Klein & Zelman, Burton M. Epstein, c/o Steinberg & Tugendrajch, P.C., New York City, for plaintiffs.

Daniel Kornstein, Kornstein, Veisz & Wexler, New York City, Samuel Kovnat, N. Stonington, Conn., for defendants.

MEMORANDUM

VINCENT L. BRODERICK, District Judge.

I.

The plaintiffs, trustees of two pension plans, moved for partial summary judgment on counts two and three of their second amended complaint, which allege violations of the prohibited transaction provisions of the Employee Retirement Income Security Act ("ERISA"), § 406(b)(1) and (3), 29 U.S.C. § 1106(b)(1) and (3). They seek entry of judgment pursuant to Fed.R.Civ.P. 54(b) against defendants...

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