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Steamfitters Local 449 Pension Fund v. Dennis Alter

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


September 30, 2011

STEAMFITTERS LOCAL 449 PENSION FUND, PLAINTIFF,
v.
DENNIS ALTER, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 30th day of September 2011, upon review of Christopher J. Carroll's Motion to Dismiss the Amended Complaint [Doc. No. 41], John F. Moore's Motion to Dismiss the Amended Complaint [Doc. No. 42], Management Defendant's (Alter, Browne, Rosoff, and Weinstock) Motion to Dismiss the Amended Complaint [Doc. No. 43], and the Outside Directors' (Dunn, Blank, Botel, Costello, Lubner, Olafsson and Stolper) Motion to Dismiss the Amended Complaint [Doc. No. 45], and all responses and replies thereto, and for the reasons set forth in the accompanying Memorandum Opinion, it is HEREBY ORDERED that:

1. Christopher C. Carroll's Motion to Dismiss is GRANTED;

2. John F. Moore's Motion to Dismiss is GRANTED;

3. Management Defendants' Motion to Dismiss is DENIED as to Counts I and II, and GRANTED as to Count III.

4. Outside Director Defendants' Motion to Dismiss is GRANTED.

Plaintiffs are granted leave to amend the Amended Complaint within twenty-one (21) days of the date of this Order.

It is so ORDERED.

BY THE COURT: Cynthia M. Rufe

20110930

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