COSGROVE v. CIRCLE K CORP.

No. CIV 89-321-TUC-JMR.

915 F.Supp. 1050 (1995)

Thomas COSGROVE and Matilda June Cosgrove, Plaintiffs, v. CIRCLE K CORPORATION; Circle K Convenience Stores, Inc.; Fred Hervey; The Fred Hervey Interests Employees Benefit Plan, Defendants.

United States District Court, D. Arizona.

December 21, 1995.


Attorney(s) appearing for the Case

Erik M. O'Dowd, O'Dowd, Burke & Lundquist, P.C., Tucson, AZ, for plaintiffs.

Streich Lang, P.A., Susan G. Boswell, Craig H. Kaufman, Tucson, AZ, for Circle K Corp.

Lillick & Charles, D. Ward Kallstrom, Randall S. Farrimond, San Francisco, CA, for Fred Hervey.


ORDER

ROLL, District Judge.

This is an action brought by Thomas Cosgrove as representative of the Fred Hervey Interests Employees' Benefit Plan ("the Plan"), a retirement plan sponsored by Circle K, under the Employee Retirement Income Security Act of 1974 ("ERISA").

Circle K froze the Plan and in 1986 purchased certain of its assets, consisting of 91 stores which the Plan owned or in which it had an interest. Circle K then terminated the Plan and...

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