Legal Opinion

Fusco v. Rome Cable Corp.

District Court, N.D. New York

Decided November 14, 1996No. 92-CV-1181Published

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

BACKGROUND

The court assumes familiarity with the background and prior proceedings in this action, including Fusco v. Rome Cable Corp., 859 F.Supp. 624 (N.D.N.Y.1994) (“Fusco I”), wherein this court held, among other things, “that Rome Cable ... is declared and adjudged liable to the section 40491 trust for the outstanding benefit commitments2 owed to the participants and beneficiaries of the Retirement Insurance Plan for Hourly Rated Employees of Rome Cable.” Id. at 636 (footnotes added). Still unresolved after Fusco I, however, is…

2Cases cited41 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. McKart v. United StatesSupreme Court of the United States · 1969
  3. Richards v. United StatesSupreme Court of the United States · 1962
  4. Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
  5. Heublein, Inc. And Subsidiaries v. United StatesCourt of Appeals for the Second Circuit · 1993

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