IANTOSCA v. STEP PLAN SERVICES, INC.

Nos. 09-1038, 09-1953, 09-2184.

604 F.3d 24 (2010)

Joseph IANTOSCA, Individually and as Trustee of the Faxon Heights Apartments Realty Trust and Fern Realty Trust; Belridge Corporation; Gail A. Cahaly; Jeffrey M. Johnston; Bellemore Associates, LLC; Massachusetts Lumber Company, Inc., Plaintiffs, Appellees, v. STEP PLAN SERVICES, INC.; Benistar 419 Plan Services, Inc., Defendants, Appellants. Benistar Admin Services, Inc.; Daniel Carpenter; Molly Carpenter; Benistar Property Exchange Trust Company, Inc; Benistar Ltd.; Benistar Employer Services Trust Corporation; Carpenter Financial Group, LLC; Benistar Insurance Group, Inc.; Travelers Indemnity Company; Certain Underwriters at Lloyd's London; Travelers Property Casualty Company of America, Defendants.

United States Court of Appeals, First Circuit.

Decided May 3, 2010.


Attorney(s) appearing for the Case

John B. Farley with whom James V. Somers, Renee M. Reed, Halloran & Sage LLP, Jack E. Robinson, Ira B. Silverstein and Thorp Reed & Armstrong LLP were on brief for appellants.

Anthony R. Zelle with whom Thomas W. Evans, Zelle McDonough & Cohen, John E. O'Brien, Jr., Bradford S. Babbitt, Robinson & Cole LLP, William C. Nystrom, Colleen C. Cook and Nystrom Beckman & Paris were on brief for appellees.

Before BOUDIN, Circuit Judge, SOUTER, Associate Justice, and HOWARD, Circuit Judge.


BOUDIN, Circuit Judge.

This is an appeal from a preliminary injunction (and related orders) granted to the district-court plaintiffs in their reach-and-apply action. The effect is to freeze pendente lite certain funds, now in the hands of third parties (the reach-and-apply defendants), due to one or more of the other defendants who owe, or are alleged to owe, money judgments to the plaintiffs. The background is complicated and involves proceedings in several...

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