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HARRIS TRUST AND SAV. v. JOHN HANCOCK MUT.

No. 979, Docket 91-7854.

970 F.2d 1138 (1992)

HARRIS TRUST AND SAVINGS BANK, as Trustee for the Sperry Master Retirement Trust # 2, Plaintiff-Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO., Defendant-Appellee. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Third-Party Plaintiff, v. CHASE MANHATTAN BANK, N.A., Counterclaim-Defendant, and Sperry Corporation and The Retirement Committee of Sperry Corporation, Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided July 30, 1992.

Attorney(s) appearing for the Case

Lawrence Kill, New York City (John B. Berringer, Ann V. Kramer, Anderson Kill Olick & Oshinsky, P.C., of counsel), for plaintiff-appellant.

Howard G. Kristol, New York City (Robert M. Peak, Richard J.J. Scarola, Reboul, MacMurray, Hewitt, Maynard & Kristol, of counsel), for defendant-appellee.

Richard E. Barnsback, Stephen W. Kraus, Phillip E. Stano, The American Council of Life Insurance, Washington, D.C., James F. Jorden, Stephen H. Goldberg, Waldemar J. Pflepsen, Jr., Perry Ian Cone, Jorden Schulte & Burchette, Washington, D.C., submitted a brief for Amicus Curiae The American Council of Life Ins.

Before: FEINBERG, TIMBERS and MINER, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellant Harris Trust and Savings Bank as Trustee for the Sperry Master Retirement Trust No. 2 and its successor, the Unisys Master Trust ("Harris Trust"), appeals from a final judgment entered on August 16, 1991 in the United States District Court for the Southern District of New York (Patterson, J.) in favor of defendant-appellee John Hancock Mutual Life Insurance Company ("Hancock...

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