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NATIONAL BEN. FUND, ETC. v. PRESBY. H., ETC.

No. 77 Civ. 4712 (MP).

448 F.Supp. 136 (1978)

NATIONAL BENEFIT FUND FOR HOSPITAL AND HEALTH CARE EMPLOYEES et al., and National Pension Fund for Hospital and Health Care Employees et al., Plaintiffs, v. The PRESBYTERIAN HOSPITAL IN the CITY OF NEW YORK, INC., Defendant.

United States District Court, S. D. New York.

March 27, 1978.

Attorney(s) appearing for the Case

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, for plaintiffs, by Richard Dorn, New York City.

Simpson, Thacher & Bartlett, New York City, for defendant, by Martin H. Zuckerman, New York City.

OPINION

POLLACK, District Judge.

By this action, The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) seek to recover contributions allegedly owed to them by the Presbyterian Hospital in the City of New York (Hospital) on account of the Hospital's payroll for October, 1973 and September, 1974 respectively. The Hospital moves to dismiss for failure to state a claim on...

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