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ROCCO v. N.Y. STATE TEAMSTERS CONFERENCE PENSION

Docket Nos. 01-7519(L), 01-7571(XAP).

281 F.3d 62 (2002)

Thomas ROCCO and Dorothy Casey, individually and on behalf of the Estate of Patrick F. Casey, On behalf of themselves, The Pension Plan of the Brewery Workers Pension Fund, or alternatively, on Behalf of all other persons similarly situated, Plaintiffs-Appellants-Cross-Appellees, v. NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, the board of trustees of the pension plan, Defendants-Appellees-Cross-Appellants, David A. Seitz, Plaintiff.

United States Court of Appeals, Second Circuit.

Decided February 13, 2002.

Attorney(s) appearing for the Case

Edgar Pauk, New York, NY, (Susan Martin, Martin & Bonnett PLLC, of counsel), for Plaintiffs-Appellants-Cross-Appellees.

Vincent M. DeBella, Paravati, Karl, Green & DeBella, Utica, NY, for Defendants-Appellees-Cross-Appellants.

Before: KEARSE, CALABRESI, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

This case, like many before it, traces its roots to the troubled merger of two pension funds, the Brewery Workers Pension Fund ("Brewery Fund") and the New York State Teamsters Conference Pension and Retirement Fund ("Teamsters Fund"). See, e.g., Baum v. Nolan, 853 F.2d 1071 (2d Cir.1988), cert. denied, 489 U.S. 1053, 109 S.Ct. 1313, 103 L.Ed.2d 582 (1989); Wenzel v. Commissioner,

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