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LANKA v. O'HIGGINS

No. 88-CV-922.

810 F.Supp. 379 (1992)

Thomas LANKA, D.D.S., and Gordon L. Wright, D.D.S., as Co-Trustees of the Plans and Trusts known as Thomas Lanka, D.D.S., Gordon L. Wright, D.D.S., P.C., Employees' Pension Plan and Trust and Employees' Profit Sharing Plan and Trust, Plaintiffs, v. Michael B. O'HIGGINS, Defendant.

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

November 6, 1992.

Attorney(s) appearing for the Case

Higgins, Roberts, Beyerl & Coan, P.C., Schenectady, NY (William P. Willig, of counsel), for plaintiff.

Thorn and Gershon, Albany, NY (Arthur H. Thorn, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

Background

SCULLIN, District Judge.

The plaintiffs commenced this action on August 30, 1988, seeking $250,000 in damages plus interest, costs and attorney's fees from the defendant,1 alleging that he, while employed as their sole "investment manager," violated the applicable ERISA and investment industry standards and breached his duties of loyalty, diversification and prudence....

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