George MONTESANO, Angela Cerame, Theresa Johnson, Irene Kulesa, Steven Petrykiewicz, Gina Prince, Charlene Sinclair, Patrick R. Nolan, Paula Dolan, Carmela Heintzelman, Jean Swartz and Jill Dehollander, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
Theresa Johnson, Plaintiff,
v.
XEROX CORPORATION Retirement Income Guarantee Plan, Xerox Corporation Stock Ownership Plan, Xerox Corporation Profit Sharing & Savings Plan, Xerox Corporation Life Insurance Plan, Xerox Corporation Medical and Dental Plans, Xerox Corporation, Patricia M. Nazemetz, Plan Administrator, Sally L. Conkright, Plan Administrator and Members of the Board of Directors of Xerox, Individually, sued herein as John and Jane Does numbered 1-10, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 5, 2001.
Decided July 3, 2001.
Attorney(s) appearing for the Case
WILLIAM D. FRUMKIN, Sapir & Frumkin LLP, White Plains, NY, for Plaintiffs-Appellants.
JONATHAN L. SULDS, Akin, Gump, Strauss, Hauer & Feld, L.L.P., New York, NY, (Risa B. Cherry, on the brief) (Jeffery Hellman, Zeisler & Zeisler, P.C., Bridgeport, CT, of counsel) for Defendants-Appellees.
NATHANIEL I. SPILLER, U.S. Department of Labor, Washington, D.C., (Judith E. Kramer, Acting Solicitor of Labor, Allen H. Feldman, and Ellen L. Beard, on the brief) for Amicus Curiae the Secretary of Labor.
MARY ELLEN SIGNORILLE, AARP, Washington, D.C., (Melvin Radowitz, on the brief) (Paula Brantner, National Employment Lawyers Association, San Francisco, CA, and Jeffrey Lewis, Sigman, Lewis & Feinberg, Oakland, CA, of counsel) for Amici Curiae AARP and National Employment Lawyers Association.
MICHAEL S. HORNE, Covington & Burling, Washington, D.C., (John M. Vine and Michael C. Nicholson, Covington & Burling, New York, NY, on the brief) (Jan S. Amundson and Quentin Riegel, National Association of Manufacturers, Washington, D.C. and Daniel V. Yager, LPA, Inc., Washington, D.C., of counsel) for Amici Curiae The ERISA Industry Committee, the National Association of Manufacturers, and LPA.
Before: WINTER, McLAUGHLIN, and POOLER, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
Plaintiffs appeal from a judgment of the United States District Court for the District of Connecticut (Nevas, J.) granting defendants' motion for judgment on the pleadings under Fed.R.Civ.P. 12(c) and dismissing all of plaintiffs' several claims brought under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., and § 198-c of the New York State Labor Law.
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