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WRIGHT v. BOSCH TRUCKING CO., INC.

No. 92-1027.

804 F.Supp. 1069 (1992)

Merrill S. WRIGHT, individually and on Behalf of the Bosch Trucking Company, Inc. Defined Benefit Pension Plan and Trust v. BOSCH TRUCKING COMPANY, INC., a corporation, and Sally A. Bosch.

United States District Court, C.D. Illinois, Peoria Division.

September 23, 1992.

Attorney(s) appearing for the Case

David B. Radley, Baymiller, Christison & Radley, Peoria, Ill., for plaintiff.

Richard A. Dahl, Barash, Stoerzbach & Henson, Galesburg, Ill., for defendants.

ORDER

MIHM, Chief Judge.

This matter is before the Court on the Motion to Dismiss filed by the Defendants on May 28, 1992. For the reasons set forth below this Motion is DENIED.

BACKGROUND

The Plaintiff, Merrill S. Wright, brings this action derivatively on behalf of the Bosch Trucking Company, Inc. Defined Benefit Pension Plan and Trust, ("the Plan"), under 29 U.S.C. § 1132(a)(1). The...

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