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UNITE HERE NAT. RET. FUND v. KOMBASSAN HOLDING

Docket No. 07-4143-cv.

629 F.3d 282 (2010)

The RETIREMENT PLAN OF the UNITE HERE NATIONAL RETIREMENT FUND, and Noel Beasley, Harold Bock, James Brubaker, Mark Fishman, Mark Fleischman, Richard Gilbert, John Gillis, Jim Haneschlager, Adam Harris, Christine Kerber, Steven Masket, Desmond Massey, David Melman, Homi Patel, Warren Pepicelli, Jeanne Pratt, Bruce Raynor, Harris Raynor, Edgar Romney, Richard Rumlet, and Lynn Talbott, as Trustees of the UNITE HERE National Retirement Fund, Plaintiffs-Appellees, v. KOMBASSAN HOLDING A.S., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 21, 2010.

Attorney(s) appearing for the Case

Harlan M. Lazarus , Lazarus & Lazarus, P.C., New York, NY, for Defendant-Appellant.

Ronald E. Richman , ( Scott A. Gold and Max Garfield , on the brief), Schulte Roth & Zabel LLP, New York, NY, for Plaintiffs-Appellees.

Before: JACOBS, Chief Judge, KEARSE, and HALL, Circuit Judges.

HALL, Circuit Judge:

Kombassan Holding A.S. ("Kombassan") appeals from a judgment of the United States District Court for the Southern District of New York (Rakoff, J.) holding it liable to the Retirement Plan of the UNITE HERE National Retirement Fund and its trustees (the "Plan") for withdrawal liability incurred by the entity Hit or Miss ("HOM") pursuant to sections 502(a)(3) and 4301(a) of the Employee Retirement

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