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SECRETARY OF LABOR v. DOYLE

No. 10-3598.

675 F.3d 187 (2012)

SECRETARY OF LABOR, Appellant v. James DOYLE; Cynthia Holloway; Michael Garnett; Mark MacCariella; PITWU Health and Welfare; Tim Foster; Freedman & Lorry; Dante Georeno; Neil S. Goldstein, Esq.; Franklin Militello; The Mckeough Company; Union Privilege Care, Inc.; David Weinstein.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 27, 2012.

Attorney(s) appearing for the Case

Marcia E. Bove, Esquire (Argued), Senior Trial Attorney, M. Patricia Smith, Esquire , Solicitor of Labor, Timothy D. Hauser, Esquire , Associate Solicitor, Plan, Benefits Security Division, Elizabeth Hopkins, Esquire , Counsel for Appellate and Special Litigation, United States Department of Labor, Washington, DC, Dennis K. Kade, Esquire , Patricia M. Rodenhausen, Esquire , Andrew Karonis, Esquire , Office of the Solicitor, U.S. Department of Justice, New York, NY, for Appellant.

Keith R. McMurdy, Esquire (Argued), Fox Rothschild, New York, NY, for Appellees.

James Doyle , Sewelll, NJ, Pro Se Appellee.

Before: SLOVITER, GREENAWAY, JR., and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

This case concerns an action by the Secretary of Labor (the Secretary) against James Doyle, Cynthia Holloway, and others, arising from their alleged breach of fiduciary duties to the Professional Industrial Trade Workers Union (PITWU) Health & Welfare Fund (Fund), a health benefit plan governed by the Employee Retirement Income Security Act (ERISA). After a bench trial, the District Court entered judgment for Doyle and Holloway...

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