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CHAO v. HOCHULI

No. 97-CV-7528 (TCP).

244 F.Supp.2d 92 (2003)

Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff, v. John HOCHULI, Jr., Estate of Gustav Lengenfelder; and Diamond Manufacturing Corporation Profit Sharing Plan, Defendants. John Hochuli, Jr., Third Party Plaintiff, v. Dennis Scott Mair and Dennis Scott Mair Actuarial Services, Ltd., Third Party Defendants. Estate of Gustav Lengenfelder Third Party Plaintiff, v. Dennis Scott Mair and Dennis Scott Mair Actuarial Services, Ltd., Third Party Defendants.

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

January 22, 2003.

Attorney(s) appearing for the Case

John George Campbell, Labor United Staes Department, U.S. Dept. of Labor, New York, NY, for Plaintiff.

Jeffrey S. Dubin, Garden City, NY, for Defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

This action arises under the Employee Retirement Income Act of 1974 ("ERISA") as amended 29 U.S.C. § 1001 et seq., and is brought by the Secretary of Labor, Elaine L. Chao (the "Secretary"), pursuant to ERISA §§ 502(a)(2) and (5), 29 U.S.C. §§ 1132(a)(2), (5), to obtain relief for alleged breaches of fiduciary duty under ERISA § 409, 29 U.S.C. § 1109.

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