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SMITH v. CPC INTERN., INC.

Docket No. 98-7503.

177 F.3d 110 (1999)

Michael D. SMITH, Edward M. Benish, Jeffrey C. Price, and William D. Robinson, for themselves, individually, and as class representatives, Plaintiffs-Appellants, v. CPC INTERNATIONAL, INC. and CPC Baking Distribution Co., Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 16, 1999.

As Amended August 13, 1999.

Attorney(s) appearing for the Case

Scott A. Thornton, Jeffrey P. Soons, Kirk P. Thornton, Thornton & Partners, New York, New York, for Appellants.

Patrick W. Shea, Robert A. Horowitz, Karen Y. Bitar, Harold N. Eddy, Jr., Toby S. Soli, Paul, Hastings, Janofsky & Walker, LLP., Stamford, Connecticut, for Appellees.

Before: VAN GRAAFEILAND, CABRANES and NOONAN, Circuit Judges

NOONAN, Circuit Judge:

Michael D. Smith, Edward M. Benish, Jeffrey C. Price and William D. Robinson ("plaintiffs") appeal the judgment of the District Court for the Southern District of New York (Barbara S. Jones, Judge) in their suit against CPC International, Inc. and CPC Baking Distribution Co., Inc. ("CPC") asserting claims under ERISA, 29 U.S.C. §§ 1104, 1106 & 1140 and state laws claims of negligent misrepresentation and breach of contract...

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