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JORDAL v. SIMMONS

No. 565, Docket 90-7535.

926 F.2d 223 (1991)

June E. JORDAL, Plaintiff-Appellee, v. John J. SIMMONS, Joseph Castaldo, Preston McCabe, and Steven Reynolds, as Trustees of the Carpenters Local 747 Pension Fund, Local 747 Carpenters Pension Plan, Defendants-Appellants, Loyal Simmons, as administrator/plan manager of Local 747 Carpenters Pension Plan, Defendant.

United States Court of Appeals, Second Circuit.

Decided February 22, 1991.

Attorney(s) appearing for the Case

James R. Lavaute, Syracuse, N.Y. (Blitman & King, Syracuse, N.Y., of counsel), for defendants-appellants.

Walter D. Kogut, Syracuse, N.Y. (Scolaro, Shulman, Cohen, Lawler & Burstein, P.C., of counsel), for plaintiff-appellee.

Before TIMBERS, VAN GRAAFEILAND and WALKER, Circuit Judges.

WALKER, Circuit Judge:

John J. Simmons, Joseph Castaldo, Preston McCabe, and Steven Reynolds, as Trustees of the Carpenters Local 747 Pension Fund, Local 747 Carpenters Pension Plan (the 747 Trustees) appeal from a final order and judgment of the United States District Court for the Northern District of New York (Hon. Con G. Cholakis, Judge) granting plaintiff June Jordal's motion for summary judgment, denying defendants' cross-motion for summary judgment, and directing...

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