Legal Opinion

Dietz v. Cahill

District Court, W.D. New York

Decided August 7, 1996No. 94-CV-6633LPublished

1Opinion of the Court

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiffs, three members of a six-person Board of Trustees (“the Board”) of the Roofers Local Union No. 22 Pension Fund (“the Fund”), commenced this action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiffs seek injunctive relief to halt the payment of pension benefits to defendant Thomas O’Connell, and to recoup on behalf of the Fund the amount of benefits that have been paid to O’Connell to date.

The claims against all the defendants have been dismissed pursuant to a stipulation of settlement, with…

2Cases cited26 opinions

  1. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  2. Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
  3. Diduck v. Kaszycki & Sons Contractors, Inc.Court of Appeals for the Second Circuit · 1992
  4. Earl Lee and David Abramson v. Richard Burkhart and Patrick Sullivan, Connecticut General Life Insurance CompanyCourt of Appeals for the Second Circuit · 1993
  5. Derek J. Smith v. Dunham-Bush, Inc., and the Robins Group, Inc.Court of Appeals for the Second Circuit · 1992

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