ARNOLD v. LUCKS

Docket No. 04-0313-cv.

392 F.3d 512 (2004)

Alan ARNOLD, Individually, and Alan Arnold, doing business as McCauley Trucking Company, Plaintiff-Appellant, v. Harvey C. LUCKS, as Trustee and Fiduciary of the Local 807 Labor-Management Health & Pension Funds, John M. Zak, as Trustee and Fiduciary of the Local 807 Labor-Management Health & Pension Funds, Anthony Storz, as Trustee and Fiduciary of the Local 807 Labor-Management Health & Pension Funds, Daniel Gallo, as Trustee and Fiduciary of the Local 807 Labor-Management Health & Pension Funds, and William Turis, as Trustee and Fiduciary of the Local 807 Labor-Management Health & Pension Funds, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 23, 2004.


Attorney(s) appearing for the Case

Richard B. Ziskin, The Ziskin Law Firm, LLP, Commack, NY, for Plaintiff-Appellant.

David W. New, Herbert New & David W. New, P.C., Bloomfield, NJ, (Herbert New, on the brief) for Defendants-Appellees.

Before: MINER, CABRANES, and STRAUB, Circuit Judges.


MINER, Circuit Judge.

The plaintiff-appellant, Alan Arnold ("Arnold"), individually and doing business as McCauley Trucking Company, appeals from a judgment entered in the United States District Court for the Eastern District of New York (Amon, J.), dismissing, for lack of subject matter jurisdiction, Arnold's complaint (i) alleging that defendants-appellants, the trustees and fiduciaries of the Local 807 Labor-Management...

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