NEW YORK STATE TEAMSTERS COUNCIL v. CENTRUS PHARM.

No. 02-CV-0560.

235 F.Supp.2d 123 (2002)

NEW YORK STATE TEAMSTERS COUNCIL HEALTH AND HOSPITAL FUND, through Its Trustees; J. Dawson Cunningham, Anthony R. Simoes, Daniel W. Schmidt, Thomas K. Wotring, Frank Posato, John Bulgaro, Brian Masterson and Gary Staring, Plaintiffs, v. CENTRUS PHARMACY SOLUTIONS, Defendant.

United States District Court, N.D. New York.

December 10, 2002.


Attorney(s) appearing for the Case

Dickstein Shapiro Morin & Oshinsky, LLP (Ira Robert Mitzner, Esq., of counsel), Washington DC, for Plaintiffs.

White, Fleischner & Fino (Gil M. Coogler, Esq., of counsel), New York City, for Defendant.


MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

On May 28, 2002, the plaintiffs commenced the instant action against defendant claiming three causes of action: (1) that defendant Centrus Pharmacy Solutions breached its fiduciary duty to the New York State Teamsters Council Health and Hospital Fund (the "Fund") under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et. seq.

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