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BUENO v. GILL

No. 02 Civ. 1000(DLC).

237 F.Supp.2d 447 (2002)

George L. BUENO, as trustee of the Local 153-GHI Pension Plan; and Neysa Griffith, as trustee of the Local 153-GHI Pension Plan, Plaintiffs, v. James F. GILL, as trustee of the Local 153-GHI Pension Plan; E. Donald Shapiro, as trustee of the Local 153-GHI Pension Plan; Donna Lynne, as trustee of the Local 153-GHI Pension Plan; and Thomas A. Nemeth, as trustee of the Local 153-GHI Pension Plan, Defendants.

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

November 19, 2002.

Attorney(s) appearing for the Case

Thomas J. Lilly, O'Donnell Schwartz Glanstein & Lilly LLP, Garden City, NY, for Plaintiffs.

Kyle Flaherty, Bryan Cave LLP, New York City, for Defendants.

MEMORANDUM OPINION AND ORDER

COTE, District Judge.

The Opinion and Order of September 19, 2002 ("September 19 Opinion") relied extensively on a provision of the Trust Agreement for the Local 153-GHI Pension Fund that had been deleted from the Trust Agreement by the Trustees: Article V, Section 2. Given that error, the defendants seek reconsideration of their motion for summary judgment. Reconsideration is granted, but the defendants' motion for summary...

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