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O'NEIL v. RETIREMENT PLAN FOR SAL. EMPL. OF RKO GEN. INC.

No. 93-9038.

37 F.3d 55 (1994)

Shane O'NEIL; Robert J. Johnson, on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. RETIREMENT PLAN FOR SALARIED EMPLOYEES OF RKO GENERAL, INC. and Certain Subsidiary Companies, and RKO Bottlers, Inc. Retirement Plan for Non-Union Employees, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 26, 1994.

Attorney(s) appearing for the Case

T. Barry Kingham, New York City (Nancy E. Delaney, Curtis, Mallet-Prevost, Colt & Mosle, of counsel), for plaintiffs-appellants.

Charles M. Carberry, New York City (Kenneth R. Puhala, Jones, Day, Reavis & Pogue, of counsel), for defendants-appellees.

Before: OAKES, MESKILL and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiffs-appellants ("plaintiffs") appeal from a judgment of the United States District Court for the Southern District of New York (Martin, J.), dismissing their action following a bench trial. Plaintiffs are a certified class of former executives of RKO General, Inc. and RKO Bottlers, Inc. (collectively, "RKO") who were participants in either the defendant-appellee Retirement Plan for Salaried Employees of RKO General, Inc. and...

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