NOVELLA v. WESTCHESTER COUNTY

Docket Nos. 09-4061-cv(L), 09-3826-cv(XAP).

661 F.3d 128 (2011)

Carlo NOVELLA, on his own behalf and on behalf of all others similarly situated, Plaintiff-Appellee-Cross-Appellant, v. WESTCHESTER COUNTY, New York Carpenters' Pension Fund and Board of Trustees of Westchester County, New York, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: June 22, 2011.

Decided: November 3, 2011.


Attorney(s) appearing for the Case

Edgar Pauk , New York, NY, for Plaintiff-Appellee-Cross-Appellant.

John H. Byington III , Archer, Byington, Glennon & Levine LLP ( Robert T. McGovern , of counsel), Melville, NY, for Defendants-Appellants-Cross-Appellees.

Before: WALKER and SACK, Circuit Judges, KOELTL, District Judge.


SACK, Circuit Judge:

This appeal and cross-appeal concern the pension benefits owed to plaintiff Carlo Novella, a retired carpenter, and members of a class he purports to represent. During Novella's three-decade career, he performed jobs for which his employers were obligated, under collective bargaining agreements, to pay into the defendant pension fund on his behalf. But there were multi-year periods—principally from 1982 to 1986—during which Novella...

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