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JANEIRO v. UROLOGICAL SURGERY PROFESSIONAL

Nos. 05-2150, 05-2208.

457 F.3d 130 (2006)

John J. JANEIRO, Jr., Plaintiff, Appellee/Cross-Appellant, v. UROLOGICAL SURGERY PROFESSIONAL ASSOCIATION; Urological Surgery Professional Association Money Purchase Pension Plan and Trust; Urological Surgery Professional Association Profit Sharing Plan and Trust; Edward A. Chibaro, M.D., Defendants, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided August 7, 2006.

Attorney(s) appearing for the Case

Alexander J. Walker, Jr., with whom Danielle L. Pacik, Jeanneane N. Osborne, and Devine, Millimet & Branch, P.A. were on brief, for appellants/cross-appellees.

Thomas J. Donovan, with whom McLane, Graf, Raulerson & Middleton Professional Association were on brief, for appellee/cross-appellant.

Before TORRUELLA, Circuit Judge, HUG, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

This is a case arising under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. After a bench trial, plaintiff John J. Janeiro, Jr. was awarded $195,036 in benefits, a sum that the district court held had been wrongfully withheld from him by two retirement plans. The plans were administered by the Urological Surgery Professional Association (USPA), and their primary trustee was Edward A. Chibaro, Janeiro...

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