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SNYDER v. ELLIOT W. DANN CO., INC.

No. 93 Civ. 1994 (RWS).

854 F.Supp. 264 (1994)

Gilbert SNYDER, Plaintiff, v. ELLIOT W. DANN CO., INC., Pension Plan and Trust C/O Elliot W. Dann Co., Inc.; Elliot W. Dann Co., Inc., as Administrator and named fiduciary of Elliot W. Dann Co., Inc. Pension Plan and Trust; Martin Fawer, as Fiduciary of the Elliot W. Dann Co., Inc. Pension Plan and Trust, and as Executor under the last Will and Testament of Elliot W. Dann, deceased; Steven Rudin, as Fiduciary of the Elliot W. Dann Co., Inc. Pension Plan and Trust and as Executor under the Last Will and Testament of Elliot W. Dann, Deceased; Ruth Dann, as Fiduciary of the Elliot W. Dann Co., Inc. Pension Plan and Trust, Defendants.

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

June 8, 1994.

Attorney(s) appearing for the Case

Robinson Brog Leinwand Reich Genovese & Gluck, P.C. (Howard N. Beldock, of counsel), New York City, for plaintiff.

Krass & Lund, P.C. (Daniel P. Lund, of counsel), New York City, for defendants except Ruth Dann.

OPINION

SWEET, District Judge.

Defendants Elliot Dann Co., Inc. Pension Plan and Trust (the "Plan"), Elliot Dann Co., Inc. ("Dann Co."), Martin Fawer ("Fawer"), Steven Rudin ("Rudin") (collectively, the "Moving Defendants") have moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for an order granting summary judgment against the Plaintiff Gilbert Snyder ("Snyder") in this ERISA action. Plaintiff Snyder has cross-moved, pursuant to...

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