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N.Y. STATE TEAMSTERS COUNCIL v. ESTATE OF DePERNO

Nos. 955, 956, Docket 93-7870, 93-7896.

18 F.3d 179 (1994)

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

United States Court of Appeals, Second Circuit.

Decided March 7, 1994.

Attorney(s) appearing for the Case

Peter Buscemi, Wash., D.C. (Jennifer L. Rand, Morgan, Lewis & Bockius, Wash., D.C., David E. Peebles, Hancock & Estabrook, N.Y., on the brief), for plaintiffs-appellants-cross-appellees.

Roger W. Bradley, Syracuse, N.Y. (Emil M. Rossi, Melvin & Melvin, Syracuse, N.Y., on the brief), for defendants-appellees-cross-appellants.

Before: NEWMAN, Chief Judge, WINTER, Circuit Judge, and BRIEANT, District Judge.

JON O. NEWMAN, Chief Judge:

This appeal raises questions relating to the allocation of burdens of proof and the award of attorney's fees for violations of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1101-1461 (1988 & Supp. IV 1992). The New York State Teamsters Council Health and Hospital Fund and its trustees (collectively "the Fund") appeal from the March 8, 1993, judgment of the District Court for the Northern District of New...

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