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MCDONALD v. PENSION PLAN OF NYSA-ILA

Docket Nos. 01-9226, 01-9316.

320 F.3d 151 (2003)

James MCDONALD, Plaintiff-Appellee-Cross-Appellant, v. PENSION PLAN OF THE NYSA-ILA PENSION TRUST FUND and Board of Trustees of the Pension Plan of the NYSA-ILA Pension Trust Fund, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 10, 2003.

Attorney(s) appearing for the Case

Donato Caruso (C. Peter Lambos, Nicholas G. Maglaras of Lambos & Junge and Thomas W. Gleason, Ernest L. Mathews, Jr. of Gleason & Mathews, P.C. on the brief), Lambos & Junge, New York, NY, for Defendants-Appellants-Cross-Appellees.

Edgar Pauk, New York, NY, for Plaintiff-Appellee-Cross-Appellant.

Before: CALABRESI and B.D. PARKER, Circuit Judges, COTE, District Judge.

B.D. PARKER, JR., Circuit Judge.

James McDonald worked as a longshoreman intermittently from 1953 until his retirement in 1991, after which he received a lifetime pension. Believing his pension calculations failed to reflect 13 years during which he had accrued benefits, he sued the Pension Plan of the NYSA-ILA Pension Trust Fund and its Trustees (collectively, the "PTF"), principally challenging a Plan provision that permitted the PTF to disregard years of service...

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