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GREENBLATT v. PRESCRIPTION PLAN SERVICES CORP.

Nos. 90 Civ. 2853 (SWK), 90 Civ. 4820 (SWK).

783 F.Supp. 814 (1992)

William GREENBLATT et al., Plaintiffs, v. PRESCRIPTION PLAN SERVICES CORPORATION, and Alvin Konigsberg and David Konigsberg, Individually, Defendants. William GREENBLATT et al., Plaintiffs, v. NATIONAL HEALTH PLAN CORP., and Alvin Konigsberg, Individually, Defendants.

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

As Amended March 23, 1992.

Attorney(s) appearing for the Case

Kennedy & Casey, P.C. by Stanley Q. Casey and Terrence P. Lamb, Garden City, for plaintiffs.

Roger A. Levy, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiffs bring these consolidated actions1 for breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Presently before the court are plaintiffs' motions, pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, for an order granting them summary judgment upon their various ERISA and common law claims...

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