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KICKHAM HANLEY v. KODAK RETIREMENT INCOME PLAN

No. 08-CV-6087L.

574 F.Supp.2d 314 (2008)

KICKHAM HANLEY P.C., Plaintiff, v. KODAK RETIREMENT INCOME PLAN, Trustee of the Kodak Retirement Income Plan, Kodak Retirement Income Plan Committee, Defendants.

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

August 25, 2008.

Attorney(s) appearing for the Case

Beth Ann Bivona, Daniel F. Brown, William F. Savino, Damon & Morey LLP, Buffalo, NY, for Plaintiff.

Fred G. Aten, Jr., Erika N.D. Stanat, Megan K. Dorritie, Harter, Secrest & Emery LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

Plaintiff Kickham Hanley, P.C. ("Kickham Hanley"), a Michigan-based law firm, brings this action against defendants, an ERISA plan (the "Plan") and its administrators (collectively "KRIPCO"), alleging entitlement to attorneys fees from a "common fund" allegedly secured for certain Plan beneficiaries by plaintiff.

Plaintiff has moved for a preliminary injunction...

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