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BOARD OF TRUSTEES OF THE CWA/ITU v. WEINSTEIN

No. 531, Docket 96-7488.

107 F.3d 139 (1997)

The BOARD OF TRUSTEES OF THE CWA/ITU NEGOTIATED PENSION PLAN and John Foss, as the Administrator of the CWA/ITU Negotiated Pension Plan, Plaintiffs-Counter-Defendants-Appellees, v. Melvin WEINSTEIN, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 24, 1997.

Attorney(s) appearing for the Case

Andrew Irving, New York City (James F. Gill, Robinson Silverman Pearce Aronsohn & Berman, New York City, on the brief), for Plaintiffs-Counter-Defendants-Appellees.

David S. Preminger, New York City (Rosen, Preminger & Bloom, New York City, Bonnie H. Weinstein, Washington, DC, on the brief), for Defendant-Counter-Claimant-Appellant.

Feder & Associates, Washington, DC (Diana L.S. Peters, Gerald M. Feder, Kathryn Bakich, Washington, DC, of counsel), filed a brief for amicus curiae National Coordinating Committee for Multiemployer Plans in support of Appellees.

Sigman, Lewis & Feinberg, Oakland, CA (Daniel Feinberg, Oakland, CA, Mary Ellen Signorille, Cathy Ventrell-Monsees, Melvin Radowitz, Washington, DC, of counsel), filed a brief for amici curiae National Employment Lawyers Association and American Association of Retired Persons in support of Appellant.

Before: KEARSE and CABRANES, Circuit Judges, and KELLEHER, District Judge.

KEARSE, Circuit Judge:

Defendant Melvin Weinstein appeals from a final judgment of the United States District Court for the Southern District of New York, Deborah A. Batts, Judge, declaring that the Employee Retirement Income Security Act ("ERISA" or the "Act"), 29 U.S.C. § 1001 et seq. (1994), does not require plaintiffs Board of Trustees of the CWA/ITU Negotiated Pension Plan ("Plan") and Plan administrator John Foss (collectively the "Administrators...

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