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CAROLLO v. CEMENT & CONCRETE WORKERS PENSION PLAN

No. 96 CV 3152.

964 F.Supp. 677 (1997)

Calogero CAROLLO, Plaintiff, v. CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL PENSION PLAN, and the Board of Trustees of the Cement and Concrete Workers District Council Pension Plan, Defendants.

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

May 19, 1997.

Attorney(s) appearing for the Case

Legal Services for the Elderly (Edgar Pauk, of counsel), New York City, for plaintiff.

Bisceglie & Friedman, P.C. (Angelo R. Bisceglie, Jr., Carl A. Haberbusch, of counsel), Newark, NJ, for defendant.

SECOND AMENDED MEMORANDUM AND ORDER

NICKERSON, District Judge:

Plaintiff Calogero Carollo brought this action on June 25, 1996 under the Employee Retirement Income Security Act of 1974 (the Act), 29 U.S.C. § 1001 et seq., against the Cement and Concrete Workers District Council Pension Plan (the Plan) and its Board of Trustees (the Board). The Board is an "Administrator" of the Plan within the meaning of 29 U.S.C. § 1002(16)(A), and Carollo...

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