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PEDRE CO., INC. v. ROBINS

No. 94 Civ. 3032 (SS).

901 F.Supp. 660 (1995)

The PEDRE COMPANY, INC., The Pedre Company Profit Sharing Plan and R. Peter Gunshor, Plaintiffs, v. Lee ROBINS, Stanley A. Deitch, CPI Associates, Inc., Windsor Associates, Steven Boughner, Emerson F. Markham, Martin I. Blaustein and Conceptual Planning, Inc., Defendants.

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

September 29, 1995.

Attorney(s) appearing for the Case

Kleban & Samor, P.C., Southport, CT (Elliot I. Miller, of counsel), for Plaintiff.

Baker & McKenzie, New York City (Brian S. Cousin, Robert B. Davidson, of counsel), for Defendants Lee Robins, Stanley A. Deitch, CPI Associates, Inc., Windsor Associates, and Conceptual Planning, Inc.

Roemer & Feathersonhaugh, P.C., New York City (Christopher M. Houlihan, of counsel), for Defendant Martin I. Blaustein.

Lawrence A. Weinreich, Syosset, New York (Lawrence A. Weinreich, of counsel), for Defendant Steven Boughner.

MEMORANDUM OPINION AND ORDER

SOTOMAYOR, District Judge.

Defendants move to dismiss the Complaint for lack of subject matter jurisdiction and, in the alternative, to dismiss the state law claims as being preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. For the reasons discussed below, the motion to dismiss is GRANTED in part and DENIED in part.

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