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TRAPANI v. CONSOLIDATED EDISON EMP. MUT. AID SOC.

No. 115, Docket 89-7389.

891 F.2d 48 (1989)

Anthony TRAPANI, Mary Hogan and Guy Ahearn, individually on their own behalf and on behalf of all persons similarly situated, Plaintiffs-Appellees, v. CONSOLIDATED EDISON EMPLOYEES' MUTUAL AID SOCIETY, INC., and Paul R. Westerkamp, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 4, 1989.

Attorney(s) appearing for the Case

Norman Rothfeld, New York City, for plaintiffs-appellees.

Stuart Bochner, Bochner & Berg, New York City, for defendants-appellants.

Before FEINBERG and CARDAMONE, Circuit Judges, and METZNER, Senior District Judge.

METZNER, Senior District Judge:

Defendant Consolidated Edison Employees' Mutual Aid Society ("Mutual Aid") appeals from a judgment of the United States District Court for the Southern District of New York, directing Mutual Aid to pay class members the aliquot share of its benefit assets attributable to plaintiff-appellee's class. We agree with the district court that Mutual Aid is proscribed from retaining such funds, but reverse on the ground that the fund should...

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