MCDONALD v. PENSION PLAN OF THE NYSA-ILA PENSION TRUST FUND

Docket Nos. 05-1435-cv(L); 05-1630-cv(CON); 05-1749-cv(XAP); 05-4140-cv(CON); 05-4288-cv(XAP).

450 F.3d 91 (2006)

James McDONALD, Individually and on behalf of others similarly situated, Margaret PRENDERGAST, as Executrix of the Estate of James McDonald, Plaintiffs-Appellees, Cross-Appellants, v. PENSION PLAN OF THE NYSA-ILA PENSION TRUST FUND, and Board of Trustees of the Pension Plan of the NYSA-ILA, in their Official and Personal Capacities, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 6, 2006.


Attorney(s) appearing for the Case

Nicholas G. Maglaras, The Lambos Firm, New York, N.Y. (Donato Caruso, The Lambos Firm, New York, NY; Thomas W. Gleason, Ernest L. Mathews, Jr., Gleason & Mathews, P.C., New York, NY, on the brief), for Defendants-Appellants, Cross-Appellees.

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

Before CALABRESI, CABRANES and WESLEY, Circuit Judges.


PER CURIAM.

After decisions by two different district court judges and a published opinion by this Court, this case, involving the computation of years of service under the Employment Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq. ("ERISA"), reaches us again with three questions remaining.1 First, did the district court correctly conclude that all...

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