HOLMAN v. K-MART CORP.

Civ. A. No. 92-D-361-N.

831 F.Supp. 836 (1993)

O.C. HOLMAN, Plaintiff, v. K-MART CORPORATION, Defendant.

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

August 30, 1993.


Attorney(s) appearing for the Case

Thomas E. Jones, Auburn, AL, Donald R. Harrison, Dadeville, AL, for plaintiff.

A. Brand Walton, John F. DeBuys, Jr., Birmingham, AL, for defendant.


MEMORANDUM OPINION AND JUDGMENT

DE MENT, District Judge.

This cause is now before the Court for findings of fact and conclusions of law following a December 15, 1992 bench trial on plaintiff's claim for statutory penalties under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(c). The court has jurisdiction pursuant to 28 U.S.C. § 1331. As discussed below, judgment is due to be entered in favor of the defendant.

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