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N.Y. STATE TEAMSTERS COUNCIL v. ESTATE OF DePERNO

No. 88-CV-1035.

816 F.Supp. 138 (1993)

The NEW YORK STATE TEAMSTERS COUNCIL HEALTH AND HOSPITAL FUND, and Everett L. Campbell, James M. Carlton, James A. Hood, Victor C. Olivadoti, John Pryshlak, Nicholas Robilotto and Ervin Walker, as Trustees of the New York State Teamsters Council Health and Hospital Fund, Plaintiffs, v. The ESTATE OF Rocco F. DePERNO, Rocco A. DePerno, and Patricia DePerno, Defendants.

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

March 5, 1993.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius, Washington, DC (Peter Buscemi, of counsel), for plaintiffs.

Emil M. Rossi, Syracuse, NY (Michael J. Vavonese, Roger W. Bradley, of counsel), for defendants.

MEMORANDUM-DECISION AND ORDER

HURD, United States Magistrate Judge.

I. Introduction.

This action was commenced on October 4, 1988, by plaintiffs alleging violations of the Employee Retirement Income Security Act ("ERISA"), §§ 404(a)(1)(A)(i), 404(a)(1)(B), 406(a)(1)(C) and (D), 406(b)(1) and (2); codified at 29 U.S.C. §§ 1104(a)(1)(A)(i) and 1104(a)(1)(B), 1106(a)(1)(C) and (D), and 1106(b)(1) and (2), during the period...

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