Legal Opinion
Frommert v. Conkright
District Court, W.D. New York
Decided June 3, 2002No. 00-CV-6311L, 01-CV-6447LPublishedCited by 6 opinions
1Opinion of the Court
DECISION AND ORDER
LARIMER, Chief Judge.
Introduction
Plaintiffs commenced these actions 1 under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. Presently before the Court is defendants’ motion, under FedR.CivP. 12(b)(6), to dismiss portions of the complaint in each action.
Factual Background
Plaintiffs are employees or former employees of Xerox, each of whom worked for Xerox during two separate periods of time. During each plaintiffs original period of employment, he or she was a participant in Xerox’ pension plan, known as the Retirement Income Guarantee Plan…
2Cases cited21 opinions
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Varity Corp. v. HoweSupreme Court of the United States · 1996
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3Cited by6 opinions
- Frommert v. ConkrightCourt of Appeals for the Second Circuit · 2006
- Frommert v. ConkrightDistrict Court, W.D. New York · 2007
- Frommert v. ConkrightDistrict Court, W.D. New York · 2004
- Layaou v. Xerox Corp.District Court, W.D. New York · 2004
- Kunsman v. ConkrightDistrict Court, W.D. New York · 2013
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