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IN RE JONES & LAMSON MACH. CO., INC.

Bankruptcy No. 5-86-00762, Adv. No. 5-88-0155.

102 B.R. 12 (1989)

In re JONES & LAMSON MACHINE CO., INC., Debtor. UNITED STEEL WORKERS OF AMERICA, AFL-CIO, and Herbert E. Schlander, John R. Bly and Robert Cook, individually and as representatives of retired persons formerly employed by Jones & Lamson Machine Co. at its Cheshire, Connecticut Plant, Plaintiffs, v. JONES & LAMSON MACHINE CO., INC., and Textron, Inc., Defendants.

United States Bankruptcy Court, D. Connecticut.

June 26, 1989.

Attorney(s) appearing for the Case

Warren H. Pyle, Barbara Hickingbottom, Angoff, Goldman, Manning, Pyle, Wanger & Hiatt, P.C., Boston, Mass., for plaintiffs.

Roy Babitt, Anderson, Russell, Kill & Olick, P.C., New York City, Craig I. Lifland, Zeisler & Zeisler, P.C., Bridgeport, Conn., for defendant, debtor.

Robert M. Dombroff, Walter E. Paulekas, Schatz & Schatz, Ribicoff & Kotkin, Hartford, Conn., for defendant, Textron, Inc.

C. Frank Carbiener, Ruth McQuade, U.S. Dept. of Justice, Civil Div., Commercial Litigation Branch, Washington, D.C., for the U.S.

MEMORANDUM AND DECISION ON MOTION TO DISMISS

ALAN H.W. SHIFF, Bankruptcy Judge.

The debtor, supported by its secured creditor and codefendant Textron, Inc., moves to dismiss this case pursuant to Rules 12(b)(6) and 56 Fed.R.Civ.P., made applicable by Bankruptcy Rules 7012(b) and 7056. For the reasons that follow, summary judgment is granted under Rule 56.

BACKGROUND

The individual plaintiffs, acting for themselves and purportedly on behalf...

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