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BAUM v. NOLAN

No. 1168, Docket 88-7126.

853 F.2d 1071 (1988)

Thomas J. BAUM, John J. O'Neill, Steven A. Woleben, David J. Milback, Bob Holmes, Russell Salvo, Thomas J. Sauro, Timothy M. Bishop, Thaddeus C. Rutherford, Charles B. Hepp, Ernest C. Breault, Donald I. Stoetzel, Bernhard C. Collatz, Joseph R. Armstrong, James C. Perkins, Harold J. Legnard, Sam P. Boyian, David S. Ross and Joseph Ready, on behalf of themselves and all others similarly situated as participants in the New York State Teamsters Conference Pension and Retirement Fund, Plaintiffs-Appellants, v. T. Edward NOLAN, Curtis Gundersen, Richard Muller, Rocco F. DePerno, Victor Mousseau, Paul E. Bush, Jack Canzoneri and Victor Olivadotti, both individually and as Trustees of the New York State Teamsters Conference Pension and Retirement Fund, New York State Teamsters Conference Pension and Retirement Fund and "John Doe" and "Jane Doe", the names being fictitious but intending to be Trustees of the New York State Teamsters Conference Pension and Retirement Fund, at the times set forth in the Complaint, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 12, 1988.

Attorney(s) appearing for the Case

David W. Silverman, New City, N.Y. (Granik, Silverman, Sandberg, Campbell & Nowicki, New City, N.Y., of counsel), for plaintiffs-appellants.

Joseph E. Kolick, Jr., Washington, D.C. (Robert J. Higgins, Dickstein, Shapiro & Morin, Washington, D.C., Richard N. Aswad, Aswad & Ingraham, Binghamton, N.Y., of counsel), for defendants-appellees.

Before LUMBARD, MESKILL and WINTER, Circuit Judges.

MESKILL, Circuit Judge:

In this appeal, we are called upon to decide whether the United States District Court for the Northern District of New York, McAvoy, J., correctly granted summary judgment for the defendants, Trustees of the New York State Teamsters Conference Pension and Retirement Fund (the Teamsters Fund), a multi-employer pension fund, on claims that they committed breaches of fiduciary duty actionable under the Employee Retirement Income Security Act ...

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