DeCARLO v. ROCHESTER CARPENTERS PENSION FUNDS

No. 91-CV-6405T.

823 F.Supp. 115 (1993)

Frank DeCARLO, Joseph Petrillo, James V. Lombardo, Joseph Kusovich, and James Barone, Plaintiffs, v. ROCHESTER CARPENTERS PENSION, ANNUITY, WELFARE AND S.U.B. FUNDS, Defendants.

United States District Court, W.D. New York.

May 24, 1993.


Attorney(s) appearing for the Case

Michael J. Townsend, Davidson, Fink, Cook & Gates, Rochester, NY, for plaintiffs.

Michael T. Harren, Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, NY, for defendants.


DECISION AND ORDER

TELESCA, Chief Judge.

INTRODUCTION

Plaintiffs, all retired members of Rochester Carpenters Union Local 85, brought this action pursuant to the civil enforcement provision of ERISA, 29 U.S.C. § 1132, seeking pension benefits they allegedly have not received due to an alleged breach of fiduciary duty by the Trustees of the defendant Funds. Defendants now move for summary judgment pursuant to Rule 56 of the Federal Rules of...

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