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Hanley v. Kodak Retirement Income Plan

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 9, 2009

KICKHAM HANLEY P.C., PLAINTIFF,
v.
KODAK RETIREMENT INCOME PLAN, TRUSTEE OF THE KODAK RETIREMENT INCOME PLAN, KODAK RETIREMENT INCOME PLAN COMMITTEE, DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

On March 23, 2009, the Court of Appeals for the Second Circuit issued a mandate in this case, reversing this Court's grant of a preliminary injunction to plaintiff, on the grounds that the plaintiff's underlying claims are wholly barred by the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"). See 29 U.S.C. §1056(d)(1). The Court of Appeals directed that the complaint be dismissed. In accordance with that mandate, the plaintiff's claims must be dismissed, and it is hereby

ORDERED that the Complaint is dismissed, with prejudice.

IT IS SO ORDERED.

20090409

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