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AULL v. CAVALCADE PENSION PLAN

Civil Action No. 96-D-628.

988 F.Supp. 1360 (1997)

Robert H. AULL, on behalf of himself and all others similarly situated, Plaintiff, v. CAVALCADE PENSION PLAN; Cavalcade Pension Plan Committee; Kevin Lewis; Carlene Stewart; Alton Smith; Donald Dodson; Furr's/Bishop's, Inc.; Furr's/Bishop's Cafeterias, L.P.; Cavalcade & Co., Inc.; Cafeteria Operators, L.P.; Michael J. Levenson; Kmart Corporation; and Kmart Corporation Employes' Retirement Plan, Defendants.

United States District Court, D. Colorado.

December 31, 1997.

Attorney(s) appearing for the Case

Robert F. Hill, Hill & Robbins, P.C., Denver, CO, for Plaintiffs.

Michael D. Nosler, Rothgerber, Appel, Powers & Johnson, LLP, Denver, CO, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING THE KMART DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT

DANIEL, District Judge.

I. INTRODUCTION

This matter is before the Court on a Renewed Motion for Summary Judgment filed on July 18, 1997, by Defendant Kmart Corporation and Defendant Kmart Corporation Employees' Retirement Plan (the "Kmart Defendants" or "Kmart"), seeking summary judgment...

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