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  5. 856 F.Supp. 719 (1994)
 

NEW YORK TEAMSTERS CNCL. FUND v. ESTATE OF DePERNO

No. 88-CV-1035.

856 F.Supp. 719 (1994)

The NEW YORK STATE TEAMSTERS COUNCIL HEALTH AND HOSPITAL FUND, and Everett L. Campbell, James M. Carlton, Ronald Morin, Victor C. Olivadoti, Paul E. Bush, Dawson Cunningham, Frank Posato, and Anthony Simoes, as Trustees of the New York State Teamsters Council Health and Hospital Fund, Plaintiffs, v. The ESTATE OF Rocco F. DePERNO, Rocco A. DePerno, and Patricia DePerno, Defendants.

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

July 8, 1994.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius, Washington, DC, for plaintiffs (Peter Buscemi, of counsel).

Emil M. Rossi, Syracuse, NY, for defendants (Michael J. Vavonese and Roger W. Bradley, of counsel).

MEMORANDUM-DECISION AND ORDER

HURD, United States Magistrate Judge.

I. Introduction.

This action was commenced on October 4, 1988, by plaintiffs alleging violations of the Employee Retirement Income Security Act ("ERISA") during the period of October 1981, through March 1986. The court, after conducting a four day bench trial and upon receipt of post trial briefs, concluded that defendants Rocco F. DePerno ("Trustee DePerno...

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