David W. SILVERMAN, as Independent Fiduciary of The Unitron Graphics, Inc. Profit Sharing Trust and Unitron Graphics, Inc. Profit Sharing Trust-Union and Non-Union Division, Plaintiff-Appellant,
v.
MUTUAL BENEFIT LIFE INSURANCE COMPANY, Principal Mutual Life Insurance Company And Helene Gorny, Defendants-Appellees,
Jacob Zucker and Aaron Fertig, Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 2, 1997.
Decided March 10, 1998.
Attorney(s) appearing for the Case
David W. Silverman, New City, NY (Christopher P. Tirro, Granik Silverman, et al., New City, NY, of counsel), for Plaintiff-Appellant.
George Berger, New York City (Bruce J. Turkle, Phillips Nizer, Benjamin Krim & Ballon, LLP, New York City, of counsel), for Mutual Benefit Life Insurance Company and Helene Gorny.
Howard S. Wolfson, New York City (Patricia Anne Kuhn, Whitman Breed Abbott & Morgan, New York City, of counsel), for Principal Mutual Life Insurance Company.
Gary S. Tell, Washington, DC (J. Davitt McAteer, Marc. I. Machiz and Karen L. Handorf, Atty's for the Secretary of Labor, Washington, DC), Amicus Curiae, Department of Labor.
Thomas S. Gigot, Kathryn A. English, Groom and Nordberg, Chtd., Washington, DC, Amicus Curiae, The Insurance Company Benefits Group.
Beth Heifetz (counsel of record), Patricia Dunn, Jones, Day, Reavis & Pogue, Washington, DC, Philip E. Stano, American Council of Life Insurance, Washington, DC, Amicus Curiae, The American Council of Life Insurance.
Before: MESKILL, JACOBS, and LEVAL, Circuit Judges.
United States Court of Appeals, Second Circuit.
LEVAL, Circuit Judge:
David Silverman ("Silverman"), independent fiduciary of the Unitron Graphics, Inc. Profit Sharing Trust and the Unitron Graphics, Inc. Profit Sharing Trust — Union and Non-Union Division (the "plan"),1 brought this suit against Mutual Benefit Life Insurance Company ("Mutual Benefit"), a Mutual Benefit employee named Helene Gorny ("Gorny"), and Principal Mutual Life...
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