Legal Opinion
Gould v. Continental Coffee Company
District Court, S.D. New York
Decided August 19, 1969No. 69 Civ. 185PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM
TENNEY, District Judge.
Defendant Continental Coffee Corporation moves pursuant to Fed.R.Civ.P. 12(b) (6) for an order dismissing plaintiff’s complaint for failure to state a claim upon which relief can be granted.
Plaintiff had been employed by defendant corporation for approximately 11% years. Throughout this period, he had participated in defendant’s profit-sharing trust plan (hereinafter referred to as “the Plan”), accumulating over $11,000 in his behalf. In January 1966, he resigned in order to accept employment with defendant’s competitor.
Defendant’s Plan qualified under § 401…
2Cases cited5 opinions
- Richard D. Austin v. The House of Vision, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1967
- Jules Michael v. Clark Equipment Company, Clark Leasing Corporation and Clark Rental CorporationCourt of Appeals for the Second Circuit · 1967
- C. G. Ball (Margaret Eliza Ball, Temporary Administratrix, Etc., Substituted in Place of C. G. Ball, Deceased) v. Victor Adding MacHine CompanyCourt of Appeals for the Fifth Circuit · 1956
- Bound Brook Water Company v. JaffeDistrict Court, D. New Jersey · 1968
- United States v. BraunsteinDistrict Court, S.D. New York · 1947
3Cited by19 opinions
- 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
- The Rochester Corporation v. W. L. Rochester, Jr.Court of Appeals for the Fourth Circuit · 1971
- Michael Kolentus v. Avco Corporation and Avco Precision Products Division, Avco Corporation, and Chemical BankCourt of Appeals for the Seventh Circuit · 1986
- Anthony v. Ryder Truck Lines, Inc.Court of Appeals for the Third Circuit · 1979
- Gillette v. Heinrich Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
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