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SWEDE v. ROCHESTER CARPENTERS PENSION FUND

Docket No. 06-0112-cv August Term, 2006.

467 F.3d 216 (2006)

PORTER W. SWEDE, Plaintiff-Appellee, v. ROCHESTER CARPENTERS PENSION FUND and CHRISTINA LUCCI, as Administrative Manager, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 20, 2006.

Attorney(s) appearing for the Case

MICHAEL T. HARREN, Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester, NY, for Appellants.

PETER C. NELSON, Rochester, NY, for Appellee.

BEFORE: FEINBERG, CABRANES, and SACK,

JOSÉ A. CABRANES, Circuit Judge:

The Rochester Carpenters Pension Fund ("Fund") and Christina Lucci, the Fund's administrative manager (collectively, "defendants"), appeal from a judgment in favor of plaintiff Porter Swede ("Swede") entered by the United States District Court for the Western District of New York (Michael A. Telesca, Judge). The District Court granted Swede partial summary judgment on his claim under the Employee Retirement Income Security...

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