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FENWICK v. MERRILL LYNCH & CO., INC.

No. 3:06cv880 (WWE).

570 F.Supp.2d 366 (2008)

William FENWICK and Timothy Fisher, on behalf of themselves and all others similarly situated, Plaintiffs, v. MERRILL LYNCH & CO., INC., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Advest Group, Inc., and Advest, Inc., Defendants.

United States District Court, D. Connecticut.

August 11, 2008.

Attorney(s) appearing for the Case

Charles S. Hellman, Jennifer Sclar, Drubner & Hartley, New York, NY, James E. Hartley, Jr., Drubner & Hartley, Waterbury, CT, Richard P. Rouco, Whatley Drake & Kallas, Birmingham, AL, for Plaintiffs.

Felix J. Springer, Eric L. Sussman, Day Pitney LLP, Hartford, CT, Kenneth P. Gavsie, Mark A. Jacoby, Weil, Gotshal & Manges, New York, NY, for Defendants.

MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT AND MOTION FOR CLASS CERTIFICATION

WARREN W. EGINTON, Senior District Judge.

Plaintiffs William Fenwick and Timothy Fisher bring this action on behalf of themselves and all similarly situated adult participants and/or beneficiaries of the Advest, Inc. Account Executive Nonqualified Defined Benefit Plan ("AE Plan") who have been or will be denied benefits under the AE Plan because they terminated...

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