New York State Teamsters Council Health & Hospital Fund v. Estate of DePerno
Court of Appeals for the Second Circuit
1Opinion of the Court
JON O. NEWMAN, Chief Judge:
This appeal raises questions relating to the allocation of burdens of proof and the award of attorney’s fees for violations of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1101-1461 (1988 & Supp. IV 1992). The New York State Teamsters Council Health and Hospital Fund and its trustees (collectively “the Fund”) appeal from the March 8, 1993, judgment of the District Court for the Northern District of New York (Magistrate Judge David N. Hurd), as amended by orders entered May 17, 1993, and July 23, 1993. Judge Hurd found that appellees Rocco F.…
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