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SMITH v. LOCAL 819 I.B.T. PENSION PLAN

Docket No. 01-7583.

291 F.3d 236 (2002)

Esther SMITH, Individually And On Behalf Of All Others Similarly Situated, Plaintiff-Appellee, v. LOCAL 819 I.B.T. PENSION PLAN; The Board of Trustees of the Local 819 I.B.T. Pension Plan, Defendants-Third-Party Plaintiffs-Appellants. The Board of Trustees of Teamsters Local 819 Pension Fund, Individually And On Behalf Of The Teamsters Local 819 Pension Fund, Third-Party Plaintiff-Appellant, v. Connecticut General Life Insurance Company, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 20, 2002.

Attorney(s) appearing for the Case

Charles Pergue, New York, NY, (Larry Cary, Vladeck, Waldman, Elias & Engelhard, P.C., on the brief), for Defendants-Third-Party-Plaintiffs-Appellants and Third-Party Plaintiff-Appellant.

Thomas A. Martin, New York, N.Y. (Steven R. Shapiro, Putney, Twombly, Hall & Hirson, LLP, on the brief), for Third-Party Defendant-Appellee.

Before KEARSE, JACOBS and KEITH, Circuit Judges.

JACOBS, Circuit Judge.

Local 819 I.B.T. Pension Plan and its Board of Trustees (the "Trustees") are defendants in a putative class action brought by plan participant Esther Smith, alleging that the plan has been non-compliant with the Employment Retirement Income Security Act of 1974 ("ERISA") since 1976 (and non-compliant with state law as well), and that these deficiencies were uncorrected or insufficiently cured by a 1997 revision made by the Plan and its Trustees...

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