Walsh v. Eastman Kodak Co.
District Court, W.D. New York
1Opinion of the Court
DECISION AND ORDER
LARIMER, Chief Judge.
I. Procedural Background
Plaintiff Edward J. Walsh (“Walsh”) commenced this action on September 23, 1998 against defendant Eastman Kodak Company (“Kodak”). Pending before this Court is defendant’s motion to dismiss pursuant to Fed.R.CivP. 12(b)(6).
For the reasons that follow, defendant’s motion to dismiss is granted and plaintiffs complaint is dismissed with prejudice.
II. Factual Allegations 1
Walsh, who was a Kodak employee in 1997, advised Kodak that he was electing to retire on January 1, 1998. He requested a single lump-sum payout of the benefits due…
2Cases cited21 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
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- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
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