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COSSACK v. BURNS

No. 95-CV-1837.

970 F.Supp. 108 (1997)

Thomas F. COSSACK, Plaintiff, v. Darrell L. BURNS, Samuel R. Grimaldi, Anthony C. Caropresso, Walter D. Gould, Ironworker's Local No. 12 Pension Fund, and Ironworker's Local No. 12, Defendants.

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

July 9, 1997.

Attorney(s) appearing for the Case

Helm, Shapiro, Anito & McCale, Albany, NY (Mark D. Lansing, of counsel), for Plaintiff.

Lombardi, Reinhard, Walsh & Harrison, Albany, NY (Paul E. Davenport, of counsel), for Defendants.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND1

Plaintiff Thomas Cossack brings suit under the Employee Retirement Income Security Act ("ERISA") against his union, his pension fund, and the fund's trustees to recover retirement pension benefits. Plaintiff also brings suit under New York State law for breach of contract and estoppel. Essentially, Cossack alleges that after 39 years of service...

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