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LOCKHEED MARTIN CORP. v. RETAIL HOLDINGS

Docket No. 09-2766-cv.

639 F.3d 63 (2011)

LOCKHEED MARTIN CORPORATION, On its own behalf and as Plan Sponsor, Plan Administrator and named fiduciary of the Lockheed Martin Corporation Retirement Income Plan III, Plaintiff-Counter-Defendant-Appellee, v. RETAIL HOLDINGS, N.V., Defendant-Counterclaimant-Cross-Claimant-Appellant, Metropolitan Life Insurance Company Inc., Mellon Investor Services LLC, Defendants-Cross-Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 26, 2011.

Attorney(s) appearing for the Case

Daniel Himmelfarb , Mayer Brown LLP, Washington, D.C. ( Robert Allen Meister , Pedowitz & Meister LLP, New York, NY; Robert P. Davis , Brian D. Netter , Mayer Brown LLP, Washington, D.C., on the brief), for Plaintiff-Counter-Defendant-Appellee.

Martin R. Gold ( Michael S. Gugig , Matthew L. Lifflander , Benito Delfin, Jr. , on the brief), Sonnenschein Nath & Rosenthal LLP, New York, NY, for Defendant-Counterclaimant-Cross-Claimant-Appellant.

Before: WINTER, LEVAL, and B.D. PARKER, Circuit Judges.

B.D. PARKER, JR., Circuit Judge:

Appellant Retail Holdings, N.V. (together with its predecessors, "New Singer") appeals from a judgment of the United States District Court for the Southern District of New York (Griesa, J.), entered in favor of Appellee Lockheed Martin Corporation (together with its predecessors, "Old Singer") after a bench trial. The dispute revolves around the interpretation of a 1986 Reorganization...

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