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COLSEY v. DELAWARE CHARTER GUARANTEE & TRUST CO.

No. 94 CV 7240 (BDP).

908 F.Supp. 214 (1995)

Beth COLSEY, Robert Hammond, Gilbert Shott & Timothy O'Hanlin, Plaintiffs, v. DELAWARE CHARTER GUARANTEE & TRUST COMPANY and Prudential Securities Incorporated. PRUDENTIAL SECURITIES INCORPORATED, Defendant and Third-Party Plaintiff, v. Louis BONAVENIA, William A. Brown, Richard Folchetti and Richard Savarese, Third-Party Defendants.

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

December 27, 1995.

Attorney(s) appearing for the Case

William M. Simon, Hunter, NY, for Plaintiffs.

Steven J. Mandelsberg, Hahn & Hessen, New York City, for Defendant.

Theodore A. Krebsbach, Kittay Gold & Krebsbach, White Plains, NY, for Defendant Prudential.

David B. Bath, Duane Morris & Heckscher, Wilmington, DE, for Defendant Delaware.

Thomas J. Kelly, Mignano & Associates, Peekskill, NY, for Third-Party Defendant Folchetti.

William and Lorraiane Brown, Brewster, NY, Pro Se.

Louis Bonavenia, Dover Plains, NY, Pro Se.

Edmund G. Fitzgerald Jr., Angelo & Fitzgerald, Bronxville, NY, for Defendant Savarese.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

The action underlying this motion for attorney fees was brought pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et. seq., to recover duplicate payments to beneficiaries of Clearwater Excavating Corp.'s ("Clearwater") Profit Sharing Plan (the "Plan"). The Plan was created and administered by one of the plaintiffs, Gilbert Shott. As Plan Administrator...

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