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I.B.E.W. LOCAL NO. 241 PENSION v. FIRST ALLMERICA FIN. LIFE INS.

No. 02-CV-0727.

354 F.Supp.2d 203 (2005)

I.B.E.W. LOCAL NO. 241 PENSION PLAN, and its Trustees, Arnold Dates, David Carr, Bill Emmons, Matthew Labosky, Thomas Stebbins, Jr., and Michael Talarski, by and on behalf of themselves, individually, and the I.B.E.W. Local No. 241 Pension Plan, Plaintiffs, v. FIRST ALLMERICA FINANCIAL LIFE INSURANCE CO. and DOES 10, Defendants, First Allmerica Financial Life Insurance Co., Third-Party Plaintiff, v. Philip Kish, John Augustine, Jr., Daniel Brown, David Sutherland, Richard Green, David Hunter and Richard Roes 1-20, Third Party Defendants

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

February 7, 2005.

Attorney(s) appearing for the Case

Blitman & King, LLP (Gary A. Hall, Esq., James H. La Vaute, Esq., of Counsel), Syracuse, NY, for Plaintiff and Third Party Defendants.

Nixon Peabody, LLP (Margaret A. Clemens, Esq., of Counsel), Rochester, NY, for Defendant and Third Party Plaintiff.

MEMORANDUM DECISION AND ORDER

MUNSON, Senior District Judge.

BACKGROUND

Plaintiff I.B.E.W. Local No.241 Pension Plan ("the Plan or Fund") is a multi-employer, defined pension fund within the meaning of the Employment Retirement Income and Security Act ("ERISA"). The individual plaintiffs are the Plan's current Trustees and fiduciaries. The Plan generally pays an eligible participant monthly retirement...

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