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SALOVAARA v. ECKERT

Docket No. 99-7702.

222 F.3d 19 (2000)

Mikael SALOVAARA, individually and in his capacity as a fiduciary pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA") and the common law, Plaintiff-Appellant, Paul T. Shoemaker, Appellant, v. Alfred C. ECKERT, III, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 9, 2000

Attorney(s) appearing for the Case

Andrew J. Levander (Guy Petrillo and Preetinder S. Bharara, on the brief), Swidler Berlin Shereff Friedman, LLP, New York, NY, for Plaintiff-Appellant and Appellant Paul T. Shoemaker.

Daniel A. Ross (Richard M. Sharfman, on the brief), Dechert Price & Rhoads, New York, NY, for Defendant-Appellee.

Before: MESKILL and CABRANES, Circuit Judges, and TELESCA, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

This case, a bitter dispute between two former partners and co-fiduciaries under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., is before this Court for a second time. In a previous appeal, we affirmed by summary order a judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge) granting summary judgment to defendant...

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