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N.Y. TEAMSTERS COUNCIL v. DePERNO

No. 88-CV-1035.

856 F.Supp. 725 (1994)

The NEW YORK STATE TEAMSTERS COUNCIL HEALTH AND HOSPITAL FUND, and Everett L. Campbell, James M. Carlton, Ronald Morin, Victor C. Olivadoti, Paul E. Bush, Dawson Cunningham, Frank Posato, and Anthony Simoes, as Trustees of the New York State Teamsters Council Health and Hospital Fund, Plaintiffs, v. The ESTATE OF Rocco F. DePERNO, Rocco A. DePerno, and Patricia DePerno, Defendants.

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

July 8, 1994.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius, Washington, DC, Peter Buscemi, of counsel, for plaintiffs.

Emil M. Rossi, Syracuse, NY, Michael J. Vavonese, Roger W. Bradley, of counsel, for defendants.

MEMORANDUM-DECISION and ORDER

HURD, United States Magistrate Judge.

I. Introduction.

This action was commenced on October 4, 1988, by plaintiffs alleging violations of the Employee Retirement Income Security Act ("ERISA") during the period of October 1981, through March 1986. The court, after a four day bench trial, concluded that two of the defendants, Rocco F. and Rocco A. DePerno had violated several sections of ERISA...

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