BURKE v. BODEWES

No. 00-CV-65C.

250 F.Supp.2d 262 (2003)

Thomas W. BURKE, as Chairman of the Trustee of, and a participant in, The Buffalo Carpenters Pension Fund, Curtis Zamerski, and Richard Kohl, Plaintiffs, v. Terrence L. BODEWES, James Maloney, Vincent Fetes, Ernest Bouchard, Thomas Herr, Daryl Bodewes, George Ferraro, and James Biddle, Sr., personally and in their capacities as Trustees and plan fiduciaries, Defendants.

United States District Court, W.D. New York.

February 28, 2003.


Attorney(s) appearing for the Case

Levy, Ratner & Behroozi, PC, New York, NY (Richard A. Levy, Owen M. Rumelt, of Counsel), for Plaintiffs.

Boylan, Brown, Code, Vigdor & Wilson, LLP, Rochester, NY (Louis J. Micca, Mark A. Costello, of Counsel), for Defendants Terrence L. Bodewes, James Maloney, and Ernest Bouchard.

Michael W. Rickard, II, for Defendant Vincent Fetes.


OPINION

CURTIN, District Judge.

Plaintiffs Thomas W. Burke, Curtis Zamerski, and Richard Kohl, as trustees of and/or participants in the Buffalo Carpenters Pension Fund (the "Fund"), brought this action pursuant to section 502 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132, seeking equitable relief and damages for alleged breach of fiduciary duty by eight current and former trustees of the Fund.1

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