PERRECA v. GLUCK

Docket No. 01-9123.

295 F.3d 215 (2002)

Alfred PERRECA and Marie A. Perreca, Plaintiffs-Appellants, v. Michael GLUCK, individually and as Trustee and Administrator of Marketing Industries Group, Ltd. Employees' Retirement Plan, and Marketing Industries Group, Ltd., Defendants-Third-Party Plaintiffs-Appellees, USI Retirement Systems, USI Retirement Services, Inc., Hogg Robinson Consulting Group, Inc., Innovative Retirement Concepts Co., and Pension Planning, Inc., Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2002.


Attorney(s) appearing for the Case

Arnold I. Rich, White Plains, NY, for Plaintiffs-Appellants.

Suzanne M. Halbardier, Barry, McTiernan & Moore, New York, NY, for Defendants-Appellees.

Before: CALABRESI, CABRANES, Circuit Judges, and MURTHA, District Judge.


JOSÉ A. CABRANES, Circuit Judge:

We consider several questions in this case, including whether any genuine issues of material fact exist that preclude summary judgment on the calculation of plaintiffs' pension benefits; whether plaintiffs allege a viable claim of promissory estoppel; and whether plaintiffs are entitled to a lump sum payment of pension benefits.

Plaintiffs Alfred and Marie Perreca timely appeal from a judgment entered September 11, 2001...

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