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REICH v. DAVIDSON LUMBER SALES EMP. RET. PLAN

Nos. 90-C-716W, 91-C-870J.

154 B.R. 324 (1993)

Robert REICH, Secretary of Labor, United States Department of Labor, Plaintiff, v. DAVIDSON LUMBER SALES, INC., EMPLOYEES RETIREMENT PLAN, and Franz C. Stangl, Defendants. Robert REICH, Secretary of Labor, United States Department of Labor, Plaintiff, v. DAVIDSON LUMBER SALES, INC., EMPLOYEES RETIREMENT PLAN, and David R. Davidson, Jr., Defendants.

United States District Court, D. Utah, C.D.

May 17, 1993.

Attorney(s) appearing for the Case

Steven R. DeSmith, Office of Sol., U.S. Dept. of Labor, San Francisco, CA, for plaintiff.

Brent R. Armstrong, Jill L. DunyonHansen, Claudia F. Berry, Suitter, Axland, Armstrong & Hanson, Salt Lake City, UT, for defendant Davidson.

Dean C. Andreason, Campbell, Maack & Sessions, Salt Lake City, UT, for defendant Franz C. Stang.

MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

This matter is before the court on the Motion to Dismiss brought by defendant David R. Davidson, Jr. ("Davidson") on the claims of plaintiff Secretary of Labor, United States Department of Labor (the "Secretary"). A hearing on the motion was held on March 8, 1993. Davidson was represented by Jill L. Dunyon-Hansen, and Claudia F. Berry. The Secretary was represented by Steven R. DeSmith. Before the hearing...

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