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OTTLEY v. SCHWARTZBERG

No. 757, Docket 86-7036.

819 F.2d 373 (1987)

Peter OTTLEY, as President of Local 144, Hotel, Hospital, Nursing Home and Allied Services Union, SEIU, AFL-CIO, and as Trustee of the New York City Nursing Home — Local 144 Welfare Fund, the Local 144 Nursing Home Pension Fund, and the Local 144 Health Facilities Training & Upgrading Fund, Petitioner-Appellant, v. Albert SCHWARTZBERG, Rose Boritzer, and Arno Boritzer d/b/a Kingsbridge Heights Manor, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 27, 1987.

Attorney(s) appearing for the Case

Stephen Appell, New York City (Vladeck, Waldman, Elias & Engelhard, P.C., New York City, of counsel), for petitioner-appellant.

Elliot B. Pasik, New York City, for respondents-appellees.

Before FEINBERG, Chief Judge, LUMBARD and MINER, Circuit Judges.

MINER, Circuit Judge:

Petitioner-appellant Peter Ottley filed a petition to confirm an arbitration award in the United States District Court for the Southern District of New York (Carter, J.). In his petition, Ottley requested that, in the event confirmation was opposed, respondents-appellees Albert Schwartzberg, Rose Boritzer, and Arno Boritzer be required to pay damages authorized by section 502(g)(2) of the Employee Retirement Income Security Act ("ERISA"), 29...

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