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LASCALA v. SCRUFARI

Docket No. 06-1146-cv.

479 F.3d 213 (2007)

Salvatore J. LaSCALA, Douglas A. Janese and Richard J. Marino, individually and as members of Niagara-Genesee & Vicinity Carpenters Local 280, and as Participants and Trustees or former Trustees of the Local 280 Welfare and Pension Funds, Plaintiffs-Appellants, Niagara-Genesee & Vicinity Carpenters Local 280, Ronald D. Tower, Russel A. Colosi, Patrick M. Carmody, Tobin J. Gormley, Christopher Shakarjian, individually and as members of Local 280, and as Warden, Conductor, and Trustees of Local 280, respectively, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Pension Fund, Salvatore J. De Marco, John C. Lunney, individually and as member and Trustee Pro-tem of Local 280, Michael Weber, individually and as members of Local 280, Plaintiffs, v. Santo S. SCRUFARI, individually and as Plan Manager of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds, Defendant-Appellee, Gordon J. Knapp, Niagara-Genesee & Vicinity Carpenter Local 280 Pension Fund, David Fay, Richard L. Covatta, individually and as General Agent, Vice-President and Financial Secretary of Local 280, respectively, and as Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund, Kenneth E. Baggett, Daniel Fay, John B. Jones, David Knapp, Michael O'Brien, Christopher M. Scrufari, Rocco A. Sidari, Robert Williams, individually, as officers or former officers of Local 280, and as Trustees or former Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds, John Woodley, Thomas P. Hartz, Angelo Massaro, George R. Weidert, as Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund and the Niagara-Genesee & Vicinity Carpenters Local 280 Pension Fund, Dominic P. Massaro, United Brotherhood of Carpenters and Joiners, Sigard Lucassen, individually and as General President of the United Brotherhood, Salvatore A. Pelliccio, William Smith and Kevin A. Thompson, individually and as representatives of the United Brotherhood, Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 28, 2007.

Attorney(s) appearing for the Case

Timothy A. McCarthy, Burd & McCarthy, Buffalo, New York for Plaintiffs-Appellants.

Michael T. Harren, Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester, New York for Defendant-Appellee.

Before: CALABRESI and SACK, Circuit Judges, and RAKOFF, District Judge.

RAKOFF, District Judge.

Plaintiffs Salvatore J. LaScala, Douglas A. Janese, and Richard J. Marino appeal from so much of a judgment of the United States District Court for the Western District of New York, entered after a bench trial, as found defendant Santo S. Scrufari not liable for certain breaches of fiduciary duties imposed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., and as held that damages based on...

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