Docket Nos. 06-5249-cv (L), 06-5425-cv (XAP).

528 F.3d 108 (2008)

Thomas BURKE, Richard Danitz, Robert J. Kulczyk, James M. Kilger, Bruce Hoffman, George Ferraro, James Biddle Sr., John O'Hare Jr., as Trustees on Behalf of the Buffalo Carpenters Pension Fund, and Buffalo Carpenters Pension Fund, Plaintiffs-Appellants-Cross-Appellees, v. HAMILTON EQUIPMENT INSTALLERS, INC., Defendant-Appellee-Cross-Appellant, Professional Furnishings & Equipment, Inc., Hamilton Installers, Inc., and A. Jan Stalker Associates, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 4, 2008.

Attorney(s) appearing for the Case

Jonathan G. Johnsen, Creighton, Pearce, Johnsen & Giroux, Buffalo, NY, for Plaintiffs-Appellants-Cross-Appellees.

Philip B. Abramowitz, Barth, Sullivan and Baer LLP, Buffalo, New York (Jason H. Sterne, Williamsville, NY, on the brief), for Defendant-Appellee-Cross-Appellant and Defendants-Appellees.

Before: WINTER, SACK, Circuit Judges, and MURTHA, District Judge.


Thomas Burke et al. appeal from a judgment issued after a bench trial by Judge Arcara. See Burke v. Hamilton Installers, Inc., No. 02-CV-519, 2006 WL 3831380 (W.D.N.Y. Oct. 16, 2006). We assume familiarity with the district court's opinion.

Judge Arcara held that certain ERISA withdrawal liabilities incurred by Hamilton Installers, Inc. ("Installers") under the terms of a collective bargaining agreement with the Carpenters Pension Fund could...

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