Amato v. Western Union International, Inc.
District Court, S.D. New York
1Opinion of the Court
OPINION & ORDER
SPRIZZO, District Judge:
Defendants, Western Union International, Inc. (“Western Union”), M.C.I. Communications Corp. (“MCI”), and Microwave Maintenance Corp. (“Microwave"), move pursuant to Fed.R.Civ.P. Rules 12(b)(1) and 12(b)(6) to dismiss twelve of the fifteen causes of action alleged in plaintiffs’ complaint. Plaintiffs are long-term employees of Western Union who are not covered by a collective bargaining agreement and are participants in the Western Union International, Inc. Pension Plan (“the Plan”). 1 Their complaint alleges causes of action under the Employee…
2Cases cited16 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982
- Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
- Federman v. Empire Fire And Marine Insurance CompanyCourt of Appeals for the Second Circuit · 1979
- Pollock v. CastrovinciDistrict Court, S.D. New York · 1979
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3Cited by15 opinions
- Robert L. Musto v. American General CorporationCourt of Appeals for the Sixth Circuit · 1988
- Cunha v. Ward Foods, Inc.Court of Appeals for the Ninth Circuit · 1986
- Gruby v. BradyDistrict Court, S.D. New York · 1999
- United Paperworkers International Union v. Jefferson Smurfit Corp.Court of Appeals for the Eighth Circuit · 1992
- Gerzog v. London Fog Corp.District Court, E.D. New York · 1995
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