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CEMENT AND CONCRETE WORKERS DIST. COUNCIL v. LOLLO

Docket Nos. 97-7013, 97-7023.

148 F.3d 194 (1998)

CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL WELFARE FUND, PENSION FUND, LEGAL SERVICES FUND AND ANNUITY FUND; William R. Soracco; Thomas Madera, Plaintiffs-Appellees-Cross-Appellants, v. John A. LOLLO; Gerald M. Lollo; Lawrence Lollo; Jeffrey E. Lollo; Peter Lollo; Jeffrey E. Lollo, a personal representative of Anthony F. Lollo, deceased, Defendants, Steven R. Lollo, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 6, 1998.

Attorney(s) appearing for the Case

Andrew C. Morganstern, Mineola, New York, for Defendant-Appellant-Cross-Appellee.

Joseph S. Kaming, Kaming & Kaming, New York City (Elizabeth C. Kaming, Sean O'Donnell, of counsel), for Plaintiffs-Appellees-Cross-Appellants.

Before: WINTER, Chief Judge, CARDAMONE, Circuit Judge, and POLLACK, District Judge.

WINTER, Chief Judge:

Defendant Steven R. Lollo appeals from a judgment entered after a bench trial before Judge Nickerson, who found that Lollo had conspired to defraud various ERISA funds of contributions and was liable under New York law in the amount of $157,385.39. Cement & Concrete Workers' Dist. Council Welfare Fund, Pension Fund, Legal Servs. Fund and Annuity Fund v. Lollo, No. CV 89-3784, 1996 WL 705461 (E.D.N.Y. Dec. 3, 1996) (hereafter "District...

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