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DARDAGANIS v. GRACE CAPITAL INC.

No. 29, Docket 88-7611.

889 F.2d 1237 (1989)

Theofanis DARDAGANIS, Harry Eagleberg, Martin Geller, Arthur Kotoros, Paul Raphael, Philip Simadiris, as Trustees of the Retirement Fund of the Fur Manufacturing Industry, Plaintiffs-Appellees, v. GRACE CAPITAL INC. and H. David Grace, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 16, 1989.

Attorney(s) appearing for the Case

Robert E. Anderson, New York City, for defendants-appellants.

Ronald L. Castle, Washington, D.C. (Rodney F. Page, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., Christopher E. O'Brien, Gaston & Snow, New York City, on brief), for plaintiffs-appellees.

Before FEINBERG and NEWMAN, Circuit Judges, and DUMBAULD, Senior District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal concerns enforcement of the duty ERISA imposes upon fiduciaries of employee benefit plans to act "in accordance with the documents and instruments governing the plan." 29 U.S.C. § 1104(a)(1)(D) (1982). Grace Capital Inc. ("GCI") and H. David Grace ("Grace") appeal from a judgment entered in the District Court for the Southern District of New York (Robert W. Sweet, Judge) awarding the trustees of the Retirement Fund of...

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