Legal Opinion

Bellas v. CBS, INC.

District Court, W.D. Pennsylvania

Decided June 29, 1999No. Civil Action 98-1455PublishedCited by 3 opinions

1Opinion of the Court

OPINION and ORDER OF COURT

AMBROSE, District Judge.

Pending before the Court is the Fed. R.Civ.P. 12(b)(6) Motion to Dismiss of Defendants CBS, Inc. and Westinghouse Pension Plan (“Defendants”) as to the Complaint filed against them by Plaintiff Harry Bellas (“Bellas” or “Plaintiff’). Plaintiffs Complaint alleges a violation of ERISA § 204(g), 29 U.S.C. § 1054(g) against both Defendants and a breach of fiduciary duty claim against Defendant CBS, Inc. (“CBS”). For the reasons set forth below, the Defendants’ Motion to Dismiss is denied.

STANDARD OF REVIEW

In deciding a motion to dismiss, all…

2Cases cited14 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Colburn v. Upper Darby TownshipCourt of Appeals for the Third Circuit · 1988
  3. Custer v. SweeneyCourt of Appeals for the Fourth Circuit · 1996
  4. Monica M. Zipf v. American Telephone and Telegraph CoCourt of Appeals for the Third Circuit · 1986
  5. McMahon v. McDowellCourt of Appeals for the Third Circuit · 1986

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3Cited by3 opinions

  1. Harry BELLAS, v. CBS, INC.; Westinghouse Pension Plan, AppellantsCourt of Appeals for the Third Circuit · 2000
  2. Bellas v. Cbs, Inc.District Court, W.D. Pennsylvania · 2000
  3. Harry BELLAS, v. CBS, INC.; Westinghouse Pension Plan, AppellantsCourt of Appeals for the Third Circuit · 2000

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