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RUBIN v. VALICENTI ADVISORY SERVICES, INC.

No. 03-CV-6201L.

326 F.Supp.2d 427 (2004)

Geoffrey S. RUBIN, as Trustee of the Southern Tier News Company Pension Plan, Plaintiff, v. VALICENTI ADVISORY SERVICES, INC., et al., Defendants.

United States District Court, W.D. New York.

July 19, 2004.

Attorney(s) appearing for the Case

Donald W. O'Brien, Greta Katrin Kolcon, Woods, Oviatt, Gilman, LLP, Rochester, NY, for Plaintiff and Counter Defendant.

Steven E. Cole, Wolford & Leclair LLP, Rochester, NY, for Defendant and Counter Claimant.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, Geoffrey Rubin, as trustee of the Southern Tier News Company Pension Plan ("Plan"), has brought an action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1101 et seq., against the former investment manager of the Plan, Valicenti Advisory Services ("VAS"), and its president, Vincent Valicenti, to recover losses...

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