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DUBEE v. SCAMMELL

No. 8:12-CV-1213 (LEK/TWD).

964 F.Supp.2d 218 (2013)

Jonathan W. DUBEE, Plaintiff, v. Donald SCAMMELL; Don Scammell, Inc.; and Don Scammell, Inc. Employee Stock Accumulation and Retention Plan, Defendants.

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

August 12, 2013.

Attorney(s) appearing for the Case

Roland M. Cavalier , Alison M. Coan , Tuczinski, Cavalier Law Firm, Albany, NY, for Plaintiff.

Donald J. Hillmann , John R. Vero , Couch, White Law Firm, Albany, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

LAWRENCE E. KAHN, District Judge.

I. INTRODUCTION

In this employee-benefits case, Plaintiff Jonathan W. Dubee ("Plaintiff") claims that Defendants Donald Scammell ("Scammell"), Don Scammell, Inc. ("the Company"), and the Don Scammell Inc. Employee Stock Accumulation and Retention Plan ("the Plan") (collectively, "Defendants") violated the terms of the Plan by not allocating Plaintiff sufficient shares of Company...

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