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NEW ORLEANS EMPLOYEES RETIREMENT SYSTEM v. CELESTICA, INC.

No. 10-4702-cv.

THE NEW ORLEANS EMPLOYEES RETIREMENT SYSTEM, MILLWRIGHT REGIONAL COUNCIL OF ONTARIO PENSION TRUST FUND, CARPENTER'S LOCAL 27 BENEFIT TRUST FUND, THE DRY WALL ACOUSTIC LATHING AND INSULATION LOCAL 675 PENSION FUND, Movants-Appellants, v. CELESTICA, INC., STEPHEN W. DELANEY, ANTHONY P. PUPPI, Defendants-Appellees, CHAIRMAN GERALD W. SCHWARTZ, and CHIEF ADMINISTRATOR OF ONEX CORPORATION, ONEX CORPORATION, Defendants, RUSSELL HENNING, individually and all others similarly situated, SHERRY SAYOR, PENSION FUND GROUP, Plaintiffs.

United States Court of Appeals, Second Circuit.

December 29, 2011.

Attorney(s) appearing for the Case

JOSEPH FONTI ( Stephen William Tountas , on the brief), Labaton Sucharow LLP, New York, New York Appearing for Appellants.

PHILLIP A. GERACI ( Frederic W. Yerman , on the brief, Robert Grass , Michael S. Bullerman , Aaron F. Miner , of counsel), Kaye Scholer LLP, New York, New York Appearing for Appellees.

PRESENT: GUIDO CALABRESI, REENA RAGGI, RAYMOND J. LOHIER, JR., Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on October 19, 2010, is REVERSED and the case is REMANDED for further proceedings consistent with this order.

Plaintiffs, the New Orleans Employees Retirement System, Millwright Regional Council of Ontario Pension Trust Fund, Carpenter's Local 27 Benefit Trust Fund, and the Dry Wall Acoustic Lathing and Insulation Local 675 Pension Fund, appeal the...

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