TOOMEY v. TOOMEY


1997 Mass. App. Div. 181 (1997)

Joseph E. Toomey, Jr. v. Lois M. Toomey, and another

Massachusetts Appellate Division, Southern District.

October 24, 1997.


Attorney(s) appearing for the Case

Peter Smola for the plaintiff.

Donna M. Sowa and James F. Grosso for the defendants.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Aguiar J.

This appeal raises the issue of whether the State Trial Court erred in denying the motion to dissolve an attachment where the trustee is the administrator of the Massachusetts State Carpenters Pension Fund which is governed by Federal Law under the Employment Retirement Income Security Act (ERISA) of 1974, 29 U.S.C.; section 1000-00 et sec.

We find there is error.

On August 12, 1991, Lois M. Toomey was appointed Executrix of the Estate of...

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