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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47096 Judge Swain A PUTATIVE class action was brought pursuant to the Employee Retirement Income Security Act of 1974 by individuals who provided services to Texaco Inc. or one or more of its affiliates while on the payrolls of certain third-party entities with which Texaco had contracted. Plaintiffs claimed that they were the victims of breaches of fiduciary duty by defendant, who was Texaco’s vice president of human resources and the plan administrator for Texaco’s employee benefit plans. Asserting that they were wrongfully excluded from coverage under the Retirement Plan of Texaco Inc. and the Employees Thrift Plan of Texaco Inc., plaintiffs sought a declaration pursuant to ERISA �502(a)(3) that the class members are eligible for benefits under the plans. The court, among other things, denied plaintiffs’ summary judgment motion and remanded the question of whether plaintiffs are within the scope of the plans’ eligibility provisions to the current plan administrator for further consideration.

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