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MUTUAL LIFE INS. CO. OF NEW YORK v. YAMPOL

No. 86-3136.

840 F.2d 421 (1988)

The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellant, v. Hillel YAMPOL, Jay Shlofroch, Morris Shlofroch, and Benefit Center Limited, Defendants-Appellees. Hillel YAMPOL, Counterplaintiff-Third Party Plaintiff, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Counterdefendant, and Sheldon Robinson and Associated Financial Consultants, Inc., Third Party Defendants.

United States Court of Appeals, Seventh Circuit.

Decided February 5, 1988.

Rehearing and Rehearing Denied April 13, 1988.

Attorney(s) appearing for the Case

Donald E. Casey, Springer, Casey, Dienstag & Silverman, P.C., Chicago, Ill., for plaintiff-counter/defendant-appellant.

Gary Starkman, Arvey, Hodes, Costello & Burman, Chicago, Ill., for defendant-counter/plaintiff-appellee.

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 13, 1988.

ESCHBACH, Senior Circuit Judge.

The Mutual Life Insurance Company of New York ("MONY") filed suit in 1983 against several defendants alleging that the defendants had breached their fiduciary duties to the National Health Care Trust ("Trust") in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq. In filing suit...

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