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HUGLER v. BYRNES

1:15-CV-93 (FJS/DJS).

247 F.Supp.3d 223 (2017)

Edward HUGLER, acting Secretary of Labor, Department of Labor, Plaintiff, v. Daniel M. BYRNES and Fort Orange Capital Management, Inc. Profit Sharing Plan, Defendants.

United States District Court, N.D. New York.

Signed March 28, 2017.

Editors Note
Applicable Law: 29 U.S.C. § 1001
Cause: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER

Attorney(s) appearing for the Case

UNITED STATES DEPARTMENT OF LABOR, OF COUNSEL ALLISON L. BOWLES, ESQ. , JEFFREY S. ROGOFF, ESQ. , DARREN J. COHEN, ESQ. , Office of the Solicitor, 201 Varick Street, New York, New York 10014, Attorneys for Plaintiff.

DANIEL M. BYRNES, 37 Columbine Drive, Glenmont, New York 12077, pro se.

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiff brought this action against Defendant Daniel M. Byrnes pursuant to § 404(a)-(c) of the Employee Retirement Income Security Act ("ERISA"). These ERISA provisions impose a duty of loyalty, a duty of prudence, and a duty to diversify on trustees...

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