McCABE v. TROMBLEY

No. 85-CV-1381.

867 F.Supp. 120 (1994)

Preston C. McCABE, Individually and as President of Local 747, United Brotherhood of Carpenters and Joiners of America, Plaintiff, v. Michael TROMBLEY, Dewitt Fisk, Edward Cooligan, Joseph Costaldo, Loyal Simmons, Allen Flewelling, Loren McClean, Ronald Timmerman, William A. Lawyer, and Phillip Allen all as Trustees of Adirondack and Vicinity District Council of Carpenters Health and Welfare Fund, Defendants.

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

November 10, 1994.


Attorney(s) appearing for the Case

William H. Bogart, P.C. (Carl E.M. Worboys, of counsel), Syracuse, NY, for plaintiff.

MacKenzie, Smith, Lewis, Michell & Hughes (Nancy L. Pontius, of counsel), Rochester, NY, for defendants Trustees and Fund.


MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

This action arises out of the termination of the Adirondack and Vicinity District Council of Carpenters Health and Welfare Fund ("Welfare Fund") in November, 1985. In his amended complaint, plaintiff asserts two causes of action sounding in breach of fiduciary duty and negligence against defendant trustees of the Welfare Fund ("the trustees").1 He seeks damages...

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