District Court, N.D. New York January 5, 2007, 1:01-CV-1681 (Henry v. CHAMPLAIN ENTERPRISES, INC.)

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I.

BACKGROUND

Plaintiffs Joseph Henry and Michael Malinky (“plaintiffs”) brought this action alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§ 1104, 1105, 1106; seeking removal of fiduciaries under the equitable relief provision of ERISA, 29 U.S.C.