TOFANY v. NBS IMAGING SYSTEMS, INC.

No. 02A03-9202-CV-33.

597 N.E.2d 23 (1992)

Vincent L. TOFANY, Appellant-Defendant below, v. NBS IMAGING SYSTEMS, INC., Appellee-Plaintiff below.

Court of Appeals of Indiana, Third District.

August 6, 1992.


Attorney(s) appearing for the Case

J. Frank Kimbrough, Wilks and Kimbrough, Fort Wayne, for appellant.

William T. Hopkins, Jr., Gallucci, Hopkins & Theisen PC, Fort Wayne, for appellee.


STATON, Judge.

Vincent L. Tofany appeals a judgment in favor of NBS Imaging Systems, Inc., raising three issues for our review:

I. Whether the trial court erred in denying his motion for partial summary judgment as to the res judicata effect of a federal court action on the issue of whether a pension plan existed for purposes of Tofany's ERISA counterclaim. II. Whether the trial court's findings of fact and conclusions of law were adequate to address...

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