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ESDEN v. BANK OF BOSTON

Docket No. 99-7210.

229 F.3d 154 (2000)

Lynn ESDEN, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. BANK OF BOSTON, and Certain Affiliated Companies, Retirement Plan of the First National Bank of Boston, and Certain Affiliated Companies, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 12, 2000.

Attorney(s) appearing for the Case

Douglas R. Sprong, Belleville, Ill. (Steven A. Katz, Carr, Korein, Tillery, Kunin, Montroy, Cates & Glass, Jerome O'Neill, O'Neill, Crawford & Green, on the brief) for Plaintiff-Appellant.

George Marshall Moriarty, Boston, Mass. (Crystal D. Talley, Ropes & Gray, on the brief) for Defendants-Appellees.

Before: NEWMAN, LEVAL and POOLER, Circuit Judges.

LEVAL, Circuit Judge:

Plaintiff Lynn Esden, individually and as class representative,1 appeals from the Order and Judgment of the United States District Court for the District of Vermont (William K. Sessions, III, Judge), entered on September 29, 1998, granting summary judgment in favor of defendant, The Retirement Plan of The First National Bank of Boston (the "Plan"), see Esden v. Retirement Plan of the First Nat'l Bank of...

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