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LAYAOU v. XEROX CORP.

No. 99-9336.

238 F.3d 205 (2001)

John Layaou, Plaintiff-Appellant, Paul J. Frommert, et al., Intervenors, v. Xerox Corporation, Peter Demauro, individually and in his capacity as an employee of Xerox Corporation and the Retirement Income Guarantee Plan (Rigp), Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: January 18, 2001.

Attorney(s) appearing for the Case

NIRA T. KERSMICH, Rochester, NY, for plaintiff- appellant.

ROBERT H. JAFFE, Robert H. Jaffe & Associates, P.A., Springfield, N.J., for intervenors.

MARGARET A. CLEMENS, Nixon Peabody L.L.P., Rochester, NY, for defendants-appellees.

Before: MESKILL, CALABRESI, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

Plaintiff-appellant John Layaou ("Layaou") appeals from a September 29, 1999 grant of summary judgment entered in the United States District Court for the Western District of New York (David G. Larimer, Chief Judge) in favor of Xerox Corporation ("Xerox") and The Retirement Income Guarantee Plan (the "Plan") dismissing Layaou's claim for additional benefits under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C.

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