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GANTON TECHNOL. v. NAT. INDUS. GROUP PENSION PLAN

No. 292, Docket 95-7323.

76 F.3d 462 (1996)

GANTON TECHNOLOGIES, INC., and Shirley Klamm, Ronald Brown and Craig Small, as employees of Ganton Technologies, Inc., Plaintiffs-Appellants, v. NATIONAL INDUSTRIAL GROUP PENSION PLAN, a Multi-employer Trust Fund, Stanley L. Eisner, Ronald William Borst, Michael Kelly, A.E. Samson, Richard Shirley, Milford E. Woodbeck, Elmer Chatak, Dominick D'Ambrosio, Edgar Ball, Odessa Komer, and Harvey Martin, as Trustees of the National Industrial Group Pension Plan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 7, 1996.

Attorney(s) appearing for the Case

Ganton Technologies, Inc. and three of its employees appeal from a final judgment of the United States District Court for the Southern District of New York, Stanton, J., granting summary judgment dismissing their claims against the National Industrial Group Pension Plan (NIGPP) brought under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA). The district court found that the NIGPP did not violate ERISA's asset transfer rules, and that the NIGPP Board members did not violate their fiduciary duties to Ganton's employees.

H. Roderic Heard, Chicago, IL (Cheryl A. Kettler, Kimberly E. Roy, Wildman, Harrold, Allen & Dixon, Chicago, IL, Thomas J. Smith, Mark R. Crosby, Thomas M. Geisler, Wildman, Harrold, Allen, Dixon & Smith, New York City, of counsel), for Appellants.

Linda E. Rosenzweig, New York City (Philip M. Berkowitz, Epstein Becker & Green, New York City, of counsel), for Appellees.

Before: MESKILL, KEARSE and ALTIMARI, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Stanton, J., granting defendant-appellee National Industrial Group Pension Plan's (NIGPP) motion for summary judgment and dismissing plaintiff-appellant Ganton Technologies, Inc.'s (Ganton) claim that NIGPP violated the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, and that the trustees...

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