TOOL v. NATIONAL EMPLOYEE BEN. SERVICES, INC.

No. C96-0296 MHP.

957 F.Supp. 1114 (1996)

Patrick TOOL, Stephen T. Tool, Jr., Stephen T. Tool, Sr., Catherine Tool, on behalf of themselves and of all other participants and beneficiaries of the Polymeric Technology Profit Sharing Plan and the Cal-Neva Supply Profit Sharing Plan; Polymeric Technology Profit Sharing Plan; Technology Profit Sharing Plan; Polymeric Technology, Inc., a California Corporation; Cal-Neva Supply Co, Inc., a California Corporation, Plaintiffs, v. NATIONAL EMPLOYEE BENEFIT SERVICES, INC., a Corporation; National Employee Benefit Services Limited Partnership, a limited partnership; National Retiree Health Group, a business entity; Thomas W. Cordry, Jr.; Thomas W. Cordry III; Helen Cordry; Massachusetts Mutual Life Insurance Co., a corporation; Defendants.

United States District Court, N.D. California.

November 18, 1996.


Attorney(s) appearing for the Case

Carl Lippenberger, Lippenberger Thompson Welch, San Francisco, CA, for Patrick Tool, Stephen T. Tool, Jr., Stephen T. Tool, Sr., Catherine Tool, Polymeric Technology Profit Sharing Plan, Cal-Neva Supply Profit Sharing Plan and Cal-Neva Supply Co.

James H. Fleming, James H. Fleming & Associates, San Francisco, CA, for Massachusetts Mut. Life Ins. Co.


ORDER

PATEL, District Judge.

Plaintiffs are two profit sharing plans, four participants in those plans and two employers who have made contributions to the plans. They bring this action against defendants Massachusetts Mutual Life Insurance Company ("MassMutual") and others alleging that the defendants violated sections 409 and 502 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1109 and 1132. However, MassMutual has...

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