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ACCARDI v. CONTROL DATA CORP.

No. 85 Civ. 9554 (WK).

704 F.Supp. 517 (1988)

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 and International Business Machines Corp., Defendants.

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

July 8, 1988.

Attorney(s) appearing for the Case

Stephen A. Agus, Purrington, McConnell & Agus, New York City, for plaintiffs.

W. Hubert Plummer, Oppenheimer Wolff & Donnelly, New York City, for defendants.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This ERISA action is before us on remand from the Second Circuit to consider plaintiffs' second cause of action, wherein plaintiffs assert that defendant Control Data Corporation ("CDC") is obligated to continue providing benefits to plaintiffs after the division in which they worked ("BTSI") was sold to another company. Defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56.

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