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CEMENT & CONCRETE WORKERS DIST. COUNCIL v. LOLLO

Nos. 941, 1142, Dockets 93-7845, -7847.

35 F.3d 29 (1994)

CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL WELFARE FUND, PENSION FUND, LEGAL SERVICES FUND AND ANNUITY FUND; William R. Soracco, in his fiduciary capacity as Administrator of the Cement and Concrete Workers District Council Welfare Fund, Pension Fund, Legal Services Fund and Annuity Fund; and Thomas Madera, as President of the Cement and Concrete Workers District Council, Plaintiffs-Appellees/Cross-Appellants, v. Steven R. LOLLO and Jeffrey E. Lollo, Defendants-Appellants/Cross-Appellees, Peter Lollo; John A. Lollo; Lawrence Lollo; Gerard M. Lollo; and Jeffrey E. Lollo as Personal Representative of Anthony F. Lollo, Deceased, Defendants/Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 16, 1994.

Amended Opinion Filed After Petition for Rehearing September 9, 1994.

Attorney(s) appearing for the Case

Andrew C. Morganstern, Mineola, NY, for defendants-appellants/cross-appellees.

Joseph S. Kaming, New York City (Elizabeth C. Kaming, Sean O'Donnell, Kaming & Kaming, of counsel), for plaintiffs-appellees/cross-appellants.

Douglas A. Cooper, New Rochelle, NY (Deborah R. Beckman, Cooper & Cooper, of counsel), for amicus curiae, Frederick DeMatteis and Richard DeMatteis.

Before: WINTER, WALKER, and JACOBS, Circuit Judges.

WALKER, Circuit Judge:

Defendants Steven and Jeffrey Lollo appeal from a judgment of the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge) holding them individually liable for violating the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. ("ERISA"), and for breaching a collective bargaining agreement based on their actions as officers of a corporation that failed to...

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