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N.Y. STATE TEAMSTERS v. C & S WHOLESALE GROCERS

No. 20-1185-cv August Term 2020.

24 F.4th 163 (2022)

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, by its Trustees, Michael S. Scalzo, Sr., John Bulgaro, Daniel W. Schmidt, Tom J. Ventura, Bob Schaeffer, Brian Hammond, Mark May and Paul Markwitz, Plaintiff-Appellant, v. C & S WHOLESALE GROCERS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 27, 2022.

Attorney(s) appearing for the Case

Edward J. Meehan ( Mark C. Neilsen , Samuel I. Levin , on the brief), Groom Law Group, Chartered, Washington, D.C. ( Vincent M. DeBella , Paravati, Karl, Green & DeBella, LLP, Utica, NY, on the brief), for Plaintiff-Appellant.

Yaakov M. Roth ( Evan Miller , Stephen J. Petrany , on the brief), Jones Day, Washington, D.C., for Defendant-Appellee.

Before: Cabranes, Raggi, and Carney, Circuit Judges.

This case presents four questions: (1) whether the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge) erred in dismissing the claim of Plaintiff New York State Teamsters Conference Pension and Retirement Fund (the "Fund") that Defendant C & S Wholesale...

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