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BOARD OF TRUSTEES v. ROYCE

No. 99-9123.

238 F.3d 177 (2001)

The Board of Trustees of the Equity-League Pension Trust Fund, Plaintiff-Appellee, v. Cheryl Royce, Defendant-Appellee, and Kate MacLeod, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: January 16, 2001.

Attorney(s) appearing for the Case

SARA A. CORELLO, Spivak, Lipton, Watanabe, Spivak & Moss, LLP, New York, N.Y., for Plaintiff-Appellee.

CHERYL ROYCE, pro se, New York, N.Y., for Defendant-Appellee.

DENNIS RAPPS, New York, N.Y., for Defendant-Appellant.

Before: KEARSE, JACOBS and STRAUB, Circuit Judges.

JACOBS, Circuit Judge:

In 1985, Mark Dovey designated his separated spouse, Cheryl Royce, as beneficiary of his retirement benefits in the event of his death. Dovey later revoked this designation and named his sister, Kate MacLeod, as sole beneficiary. After he died in 1997, Royce and MacLeod submitted competing claims for the death benefit. Dovey's pension fund, the Equity-League Pension Trust Fund (the "Fund"), determined that Royce was the proper beneficiary because...

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