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N.Y. STATE TEAMSTERS v. EXPRESS SERVICES, INC.

Docket No. 04-3237-CV.

426 F.3d 640 (2005)

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, by its Trustees, John Bulgaro, Gary Staring, Brian R. Masterson, Daniel W. Schmidt, Michael S. Scalzo, Sr., Thomas K. Wotring, and J. Dawson Cunningham, Plaintiff-Counter-Defendant-Appellant, v. EXPRESS SERVICES, INC., and S & P Trucking, LLC, Defendants-Counter-Claimants-Appellees, Doren Avenue Associates, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided October 12, 2005.

Attorney(s) appearing for the Case

Vincent M. DeBella, Paravati, Karl, Green & DeBella, Utica, NY, for Plaintiff-Appellant.

Ronald L. Kahn, Ulmer & Berne LLP, Cleveland, OH (Daniel J. Moore, Harris Beach LLP, Pittsford, NY, on the brief), for Defendants-Appellees.

Before: WALKER, Chief Judge, JACOBS and LEVAL, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge:

Plaintiff-appellant New York State Teamsters Conference Pension and Retirement Fund ("the Fund") appeals from a judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge), granting defendants-appellees' motion for summary judgment. N.Y. State Teamsters Conference Pension & Ret. Fund v. Doren Ave. Assocs., Inc. ("Teamsters"), 321 F.Supp.2d 435...

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