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LASCALA v. SCRUFARI

No. 93-CV-982-C.

330 F.Supp.2d 236 (2004)

Salvatore J. LASCALA, Douglas A. Janese, and Richard J. Marino, individually, as members of Niagara-Genesee & Vicinity Carpenters Local 280, and as participants and Trustees or former Trustees of the Local 280 Welfare and Pension Funds, Plaintiffs, v. Santo S. SCRUFARI, individually and as Plan Manager of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds, Defendant.

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

Opinion Granting Reconsideration July 23, 2004.

Attorney(s) appearing for the Case

Timothy A. McCarthy, Buffalo, NY, for Plaintiffs.

Michael T. Harren, Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester, NY, Robert A. Doren, Bond, Schoeneck & King, PLLC, Buffalo, NY, for Defendants.

CURTIN, District Judge.

This action was instituted on December 10, 1993, charging several violations of federal labor law and the Employee Retirement Income Security Act of 1974 ("ERISA"). Jurisdiction is conferred by 28 U.S.C. §§ 1331 and 1337, and the action is authorized under ERISA Section 502(a)(2) and (3), 29 U.S.C. § 1132(a), (3).

Most of the issues in the case have been disposed of by motion. The issue remaining to be resolved is whether...

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