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PRESCOTT v. LITTLE SIX, INC.

No. CIV. 02-04741(DSD/SRN).

284 F.Supp.2d 1224 (2003)

Leonard PRESCOTT, F. William Johnson, and Peter Riverso, Plaintiffs, v. LITTLE SIX, INC., in its capacity as plan administrator for the Little Six, Inc. Executive 457 Plan, the Little Six, Inc. Supplemental Retirement Plan, the Little Six, Inc. Life Insurance Plan, the Little Six, Inc. Separation Pay Plan and the Little Six, Inc. Retention Plan; the Little Six, Inc. Executive 457 Plan; the Little Six, Inc. Supplemental Retirement Plan; the Little Six, Inc. Life Insurance Plan; the Little Six, Inc. Separation Pay Plan; and the Little Six, Inc. Retention Plan, Defendants.

United States District Court, D. Minnesota.

September 30, 2003.

Attorney(s) appearing for the Case

Douglas A. Kelley, Steven E. Wolter and Kelley Law Office, Minneapolis, MN, counsel for plaintiffs.

Steven F. Olson, BlueDog, Olson & Small, Bloomington, MN, counsel for defendants.

ORDER

DOTY, District Judge.

This matter is before the court upon defendants' objections to the report and recommendation of United States Magistrate Judge Susan R. Nelson, dated August 4, 2003. Defendants object to the report and recommendation on three grounds: (1) that the court lacks subject matter jurisdiction over plaintiffs' claims because the Employee Retirement Income Security Act of 1974 ("ERISA") does not apply to defendants, (2) that the court...

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