MILES v. NEW YORK STATE TEAMSTERS CONFERENCE, ETC.

No. 202, Docket 82-7274.

698 F.2d 593 (1983)

Harold MILES, Eugene Darlak, Timothy Moriarty, James Stuermer and Edward Zastrow, Plaintiffs-Appellees, v. The NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND EMPLOYEE PENSION BENEFIT PLAN, Defendant-Appellant, Ervin Walker, as President of Local Union No. 449 of International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an Unincorporated Association, and Stanley Clayton, Individually and as President of Local Union No. 375 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an Unincorporated Association, Defendants.

United States Court of Appeals, Second Circuit.

Decided January 20, 1983.


Attorney(s) appearing for the Case

Robert J. Feldman, Buffalo, N.Y. (Gross, Shuman, Brizdle, Laub & Gilfillan, P.C., Buffalo, N.Y., David C. Laub, Buffalo, N.Y., of counsel), for plaintiffs-appellees.

Peter P. Paravati, P.C., Utica, N.Y., for defendant-appellant.

Before LUMBARD, MESKILL and CARDAMONE, Circuit Judges.


LUMBARD, Circuit Judge:

Plaintiffs, four employees and one former employee of the Continental Can Co., Inc., commenced this action in the Western District of New York in August 1977 under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (1976) (ERISA), to determine their eligibility for pension benefits from the defendant New York State Teamsters Conference Pension and Retirement Fund Employee Pension Benefit Plan (the Teamsters...

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