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NEMAIZER v. BAKER

No. 252, Docket 85-7472.

793 F.2d 58 (1986)

Samuel NEMAIZER, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U., Plaintiffs-Appellees, v. Jack BAKER, an individual, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Robert Cammer, New York City (Cammer & Shapiro, P.C., New York City), for defendant-appellant.

Eric B. Chaikin, New York City (Chaikin & Chaikin, New York City), for plaintiffs-appellees.

Before MANSFIELD, MESKILL, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

The question we are called upon to decide is whether appellees may bring an action in federal court claiming that appellant is individually liable under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. (1982), for unpaid corporate employee benefit trust funds, after appellee had previously stipulated to dismiss "with prejudice" an action raising that claim. The reason appellees advance to obtain...

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