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GUILBERT v. GARDNER

Docket No. 04-1003-cv.

480 F.3d 140 (2007)

Thomas R. GUILBERT, Plaintiff-Appellant, v. Charles B. GARDNER, Jr., Charles B. Gardner III, Marianne Gardner and Douglas Gardner, Defendants-Appellees, Charles B. Gardner & Associates and Charles B. Gardner & Associates, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 7, 2007.

Attorney(s) appearing for the Case

Nathaniel B. Smith, New York, NY, for Plaintiff-Appellant, Charles B. Gardner.

Becker Ross Stone DeStefano & Klein, LLP (Howard Justvig, of counsel) for Defendants-Appellees, Charles B. Gardner, III, Douglas Gardner and Marianne Gardner.

Before WALKER, HALL and GIBSON, Circuit Judges.

HALL, Circuit Judge.

Plaintiff-Appellant Thomas R. Guilbert ("plaintiff") appeals from an order of the district court (Jones, J.) granting the summary judgment motion of Defendants-Appellees Charles Gardner III, Douglas Gardner, and Marianne Gardner ("moving defendants") on plaintiff's claims under the Employee Retirement Income Security Act ("ERISA" or "the Act"), 29 U.S.C.A. §§ 1001-1461 (West 1999 & Supp.2004) as well as his claims for breach...

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