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PHILLIPS v. OSTRER

No. 83-2686.

481 So.2d 1241 (1985)

William PHILLIPS, Howard Jones, William Starr, Robert Edwards, Russell Warner, Buck McClennen, George Lewis, et al., As Trustees of the International Association of Bridge, Structural and Ornamental Iron Workers Local 272 Annuity Pay Plan, Appellants/Cross-Appellees, v. Louis C. OSTRER, Eugene Bowen, Martin Bessell, Michael Burke, Michael Famigliatti, Thomas Kilgellon, Charles Baker, John Nord, and Insurance Company of North America, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 11, 1986.

Attorney(s) appearing for the Case

Kurzban, Kurzban & Weinger and Steven Weinger, Miami, for appellants/cross-appellees.

Welbaum, Zook, Jones & Williams and Betsy L. Warwick, Miami; Ackerman, Bakst, Gundlach, Lauer & Zwickel, West Palm Beach; Joseph C. Segor; Bercuson, Cahan, Weksler & Lasky and Bernard Weksler, Miami, for appellees/cross-appellants.

Before BARKDULL, BASKIN and JORGENSON, JJ.

BASKIN, Judge.

Appellants were the trustees of the International Association of Bridge, Structural & Ornamental Iron Workers Local 272 Annuity Pay Plan [Annuity Pay Plan] on March 13, 1978, when they instituted an action against appellees: the former trustees; Louis Ostrer, the consultant for and administrator of the Annuity Pay Plan; and Insurance Company of North America [INA], the issuer of an honesty bond. They sought damages for fraud, negligence, and breach...

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