IUE AFL-CIO PENSION FUND v. HERRMANN

No. 360, Docket 93-7384.

9 F.3d 1049 (1993)

IUE AFL-CIO PENSION FUND; Lloyd J. Hayes; Peter S. DiCicco; Sal T. Ingrassia; John S. Vozella; Clarence Ranallo; Thomas F. Lynch, as Trustees of the IUE AFL-CIO Pension Fund, Plaintiffs-Appellants, v. Thomas HERRMANN; Locke Mowers, Incorporated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 19, 1993.


Attorney(s) appearing for the Case

Thomas M. Kennedy, New York City (Ira Cure, Lewis, Greenwald, Kennedy, Clifton & Schwartz, P.C.; Jonathan Gould, Gould, Livingston, Adler & Pulda, Hartford, CT, of counsel), for plaintiffs-appellants.

William J. Wenzel, Bridgeport, CT (Alice Ann Carey and Pullman & Comley, of counsel), for defendant-appellee Thomas Herrmann.

Alan M. Wolper, Atlanta, GA (Hunton & Williams, William Narwold, David D. Legere, Cummings & Lockwood, Hartford, CT, of counsel), for defendant-appellee Locke Mowers, Inc.

Before: OAKES, Senior Circuit Judge, MAHONEY, Circuit Judge, and MISHLER, Senior District Judge.


OAKES, Senior Circuit Judge:

Plaintiff/Appellant, IUE AFL-CIO Pension Fund, a multi-employer, union pension fund, and its trustees (collectively the "Fund") appeal an unpublished order of the United States District Court for the District of Connecticut, T.F. Gilroy Daly, Judge, adopting Magistrate Judge Arthur H. Latimer's report and recommendation to dismiss the Fund's second amended complaint ("SAC" or the "Complaint") for failure to plead fraud with particularity...

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