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MARTIN v. RUTLEDGE

No. CV-91-N-0114-S.

807 F.Supp. 693 (1992)

Lynn MARTIN, Secretary of the United States Department of Labor, Plaintiff, v. W. Eugene RUTLEDGE, the Rutledge Industrial Corporation, the Lattimer-Stevens Company, and the Lattimer-Stevens Company Salaried and Hourly Rated Employees' Retirement Plans, Defendants. W. Eugene RUTLEDGE, Third Party Plaintiff, v. DUDLEY, HOPTON-JONES, SIMS & FREEMAN, a certified public accounting firm, Third Party Defendant.

United States District Court, N.D. Alabama, S.D.

October 16, 1992.

Attorney(s) appearing for the Case

Jack W. Selden, James G. Gann, III, George D. Palmer, Asso. Reg. Sol., U.S. Dept. of Labor, Birmingham, AL, Nancy E. Monarch, U.S. Dept. of Labor, Plan Benefits Sec. Div., Washington, DC, William H. Berger, U.S. Dept. of Labor, Office of Sol., Atlanta, GA, for Department of Labor.

W. Eugene Rutledge, Rutledge Law Firm, Birmingham, AL, for defendants.

Robert M. Girardeau, Huie Fernambucq & Stewart, Birmingham, AL, for Stewart R. Dudley and Dudley, Hopton-Jones, Sims & Freeman.

Jack W. Selden, James G. Gann, III, U.S. Attys. Office, Birmingham, AL, for I.R.S.

W. Stancil Starnes, Starnes & Atchison, Birmingham, AL, for Balch & Bingham.

James C. Barton, Sr., William Kennedy Hancock, Johnston Barton Proctor Swedlaw & Naff, W. Michael Atchison, Starnes & Atchison, James Sturgeon Christie, Jr., Bradley Arant Rose & White, Birmingham, AL, for Bradley, Arant, Rose and White.

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

This action is before the court on the plaintiff's Motion for Summary Judgment filed July 30, 1992, and the defendant's Motion to Dismiss, which was incorporated in his response to the Motion for Summary Judgment.

I. BACKGROUND

The defendant, W. Eugene Rutledge, purchased the Lattimer-Stevens Company in 1984. At that time, company employees were covered by two pension plans —...

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