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DIOGUARDI v. ROCHESTER LABORERS PENSION FUND

No. 02-CV-6084L.

317 F.Supp.2d 216 (2004)

John DIOGUARDI, Plaintiff, v. ROCHESTER LABORERS PENSION FUND, Robert Brown, Trustee, Raymond Kuntz, Jr., Trustee, James Williams, Trustee, Thomas Helfrich, Trustee, Defendants.

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

January 26, 2004.

Attorney(s) appearing for the Case

John Joseph Ferlicca, Rochester, NY, for Plaintiff.

Jules L. Smith, Blitman & King, Rochester, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, John Dioguardi ("Dioguardi"), commenced this action seeking to recover additional pension benefits under § 502(a)(1)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), from defendant, Rochester Laborers Pension Fund ("the Fund"). Defendant moved for summary judgment on several grounds, one of which was that the complaint was untimely. The pension...

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