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MORIARTY v. SMITH

No. 95 Civ. 1256 (HB).

896 F.Supp. 350 (1995)

Gene MORIARTY, as Chairman of the Trustees of the 966 Health Plan and the 966 Pension Plan, Plaintiff, v. Steven SMITH, Joseph Pasqualone, Edwin Gonzalez, Stephen Zaccherio, Vincent Sombrotto, and Bryan McCarthy, personally and in their capacities as plan fiduciaries, Defendants.

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

September 15, 1995.

Attorney(s) appearing for the Case

Richard A. Levy, Levy, Pollack, Ratner & Behroozi, P.C., New York City, for plaintiff.

Peter L. Contini, L'Abbate, Balkan, Colavita & Contini, L.L.P., Garden City, NY, for defendants.

MEMORANDUM AND ORDER

BAER, District Judge.

I. BACKGROUND

An unrelated lawsuit brought by the United States resulted in the International Brotherhood of Teamsters placing its Local 966 under temporary trusteeship. Plaintiff, who was appointed Trustee of the Local, appointed himself and another individual to replace the two union trustees then sitting on the Local's Health and Pension Funds. These funds are administered by boards that...

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