CICATELLO v. BREWERY WKRS. PENSION FUND

No. Civ-77-16.

434 F.Supp. 950 (1977)

August CICATELLO and John Lomeo, on behalf of themselves and the entire class of persons similarly situated, and Albert Yaeger and Edward Przepasniak, on behalf of themselves and the entire class of persons similarly situated, Plaintiffs, v. BREWERY WORKERS PENSION FUND and Elmer R. Sidden, J. Lee Thynne, Enea Borra, Frank J. Fink, Valentine J. Frank, John Hoh, George Pfleiderer, Edward Siegmann, David Conroy and George L. Walsh, or their successors, as Trustees of the Brewery Workers Pension Fund, and New York State Teamsters Conference Pension and Retirement Fund, and Rocco De Perno, Stanley Clayton, William Moseley, Paul Bush, Victor Mousseau, Kapler Vincent, Lyle Dixon and Irving Wisch, as Trustees of the New York State Teamsters Conference Pension and Retirement Fund, Defendants.

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

June 17, 1977.


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y. (Stuart M. Pohl and Stephen M. Mason, Buffalo, N. Y., of counsel), for plaintiffs.

Proskauer, Rose, Goetz & Mendelsohn (Bettina B. Plevan, New York City, of counsel), Sipser, Weinstock, Harper & Dorn, New York City (I. Philip Sipser, New York City), Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y. (Richard E. Moot, Buffalo, N. Y., of counsel), for defendants Brewery Workers Pension Fund & Trustees of the Brewery Workers Pension Fund.

Paravati & Paravati, Utica, N. Y. (Peter P. Paravati, Utica, N. Y., of counsel), for defendants New York State Teamsters Conference Pension & Retirement Fund and Trustees of New York State Teamsters Conference Pension & Retirement Fund.


CURTIN, Chief Judge.

This case had its genesis in the 1973 agreement by the defendants, the New York State Teamsters Conference Pension and Retirement Fund [Teamsters Fund] and the Brewery Workers Pension Fund [Brewery Workers Fund], to merge the Brewery Workers Fund into the Teamsters Fund.

Subsequent to that agreement, the Teamsters Fund had second thoughts, apparently prompted in large measure by the difficulties encountered by Rheingold Breweries, a large...

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