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BROWN v. HEALTH CARE & RET. CORP. OF AMERICA

No. 639, Docket 93-7435.

25 F.3d 90 (1994)

Jerome P. BROWN, as Trustee of the New England Health Care Employees Welfare Fund, Plaintiff-Appellee, v. HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, doing business as Independence Manor; Meadows Manor; Park Manor; Meadow Manor, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 24, 1994.

Attorney(s) appearing for the Case

John M. Creane, Milford, CT, for plaintiff-appellee.

Leonard L. Scheinholtz, John G. Ferreria, Reed Smith Shaw & McClay, Pittsburgh, PA and Gerald L. Garlick, Leventhal, Krasow & Roos, P.C., Hartford, CT, for defendants-appellants.

Before: ALTIMARI and WALKER, Circuit Judges, and OWEN, District Judge.

OWEN, District Judge:

The New England Health Care Employees Welfare Fund (the "Fund") commenced this action against the Health Care Retirement Corporation of America (HCRC) under the Employee Retirement Income Security Act (ERISA),1 alleging underpayments by HCRC to the Fund. The Fund obtained summary judgment in the District Court in Connecticut in the amount of $234,061.32 plus $15,281.25 in attorney's fees. HCRC appeals, contending...

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