GELLES v. SKROTSKY

No. 96-1248-CIV-T-17B.

983 F.Supp. 1398 (1997)

Gerald GELLES, Plaintiff, v. Steven R. SKROTSKY, individually and as Trustee; John E. Smircina, individually and as Trustee,

United States District Court, M.D. Florida, Tampa Division.

November 17, 1997.


Attorney(s) appearing for the Case

Paul L. Huey, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, Samuel I. Burstyn, Alberto Ordonez, Law Office of Alberto J. Ordonez, Miami, FL, for Plaintiff.

Steven C. Dupre, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg, FL, for Defendants.


ORDER ON DEFENDANTS' MOTION TO DISMISS

KOVACHEVICH, Chief Judge.

This cause is before this Court pursuant to the Defendant's Motion to Dismiss this action for breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (hereafter ERISA)(Docket No. 38), filed April 17, 1997, and Plaintiff's response thereto (Docket No. 43), filed May 2, 1997.

STANDARD OF REVIEW

Plaintiff's complaint should not be dismissed...

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