Tucker

ORDER RE:

1. Defendants’ Motion to Dismiss Pursuant to FRCP 12(b)(6); and

2. Plaintiffs’ Motion for Summary Judgment

Defendants’ Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), and Plaintiffs’ Motion for Summary Judgment came on regularly for hearing before this Court on August 14, 1995. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Defendants’ Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED, and Plaintiffs’ Motion for Summary Judgment is GRANTED. It is ORDERED FURTHER that Defendants’ request for sanctions is DENIED.

I. Background

Except as indicated, the following facts are undisputed. Plaintiff AT & T MANAGEMENT PENSION PLAN (“the Plan”) is an employee pension benefit plan existing pursuant and subject to the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended. Plaintiff AT & T CORPORATION (“AT & T”), a New York corporation, is a sponsor of the Plan, the Plan administrator, and a fiduciary of the Plan, as those terms are defined in ERISA. Also, AT & T has been designated to carry out the fiduciary responsibilities of the…