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SMITH v. DELTA AIR LINES, INC.

No. 1:04 CV 2592.

422 F.Supp.2d 1310 (2006)

Dennis SMITH, Individually and on behalf of all others similarly situated, Plaintiff v. DELTA AIR LINES, INC., Leo F. Mullin, Gerald Grinstein, Benefit Fund Investment Committee, James Broadhead, R. Eugene Cartledge, Mary Johnston Evans, James M. Kilts, Karl J. Krapek, John F. Smith, Jr., Joan E. Spero, Andrew Young, Administrative Committee of Delta Air Lines, Inc., Leon Piper, M. Michelle Burns, Michael J. Palumbo, James B. Taylor Defendants

United States District Court, N.D. Georgia. Atlanta Division.

March 31, 2006.

Attorney(s) appearing for the Case

Corey Daniel Holzer, Michael Ira Fistel, Jr., Holzer & Holzer, LLC, Atlanta, GA, Edward W. Ciolko, Gerald D. Wells, Joseph H. Meltzer, Schiffrin & Barroway, Radnor, PA, for Plaintiffs.

Cindy Dawn Hanson, Steven D. Moore, William Henry Boice, Kilpatrick Stockton, Atlanta, GA, for Defendants.

ORDER

ORINDA D. EVANS, District Judge.

This is a putative class action brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., in which Plaintiff seeks damages and equitable relief on behalf of himself and those similarly situated. The case is before the Court on Defendants' Motion to Dismiss and Defendants' Request for Oral Argument. For the following reasons, Defendants' Motion to Dismiss [# 44...

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