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BUTCHER v. GERBER PRODUCTS CO.

No. 98 Civ. 1819(RWS).

8 F.Supp.2d 307 (1998)

Robert A. BUTCHER, Thomas H. Johnson, James Thomas and Daniel J. Velkovich, individually and as Class Representatives, Plaintiffs, v. GERBER PRODUCTS COMPANY, Defendant.

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

June 2, 1998.

Attorney(s) appearing for the Case

Bernstein Litowitz Berger & Grossman, New York City, for plaintiffs; Daniel L. Berger, Darnley D. Stewart, of counsel.

Mandel & Resnik, New York City, for plaintiffs; Richard M. Resnik, David M. Monachino, of counsel.

Meyers Tersigni Feldman & Gray, New York City, for plaintiffs; Richard N. Gray, Anthony L. Tersigni, of counsel.

Orrick, Herrington & Sutcliffe, New York City, for defendant; Michael Delikat, Ira G. Rosenstein, of counsel.

Powell, Goldstein, Frazer & Murphny, Atlanta, GA, for defendant; John F. Wymer, III, Karen Wildau, Linda G. Birchall, Kathleen M. Timmons, of counsel.

OPINION

SWEET, District Judge.

Plaintiffs have moved for a preliminary injunction pursuant to Fed.R.Civ.P. Rule 65 prohibiting Defendant Gerber Products Company ("Gerber") from discontinuing any severance benefits to Plaintiff Daniel J. Velkovich ("Velkovich") and from seeking repayment of severance benefits which have already been paid to him. Plaintiffs have also moved pursuant to Fed.R.Civ.P. 12(f)...

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