MARITAS v. CARPET LINOLEUM SERV., INC.

No. 78 Civ. 1552 (CHT).

490 F.Supp. 369 (1980)

Theodore MARITAS, Conrad F. Olsen, John J. O'Connor, James F. Viggiano, Denis R. Sheil, John J. Brennan, Theodore K. Knowles, Theodore E. King, Kurt Tolksdorf, and Alfred Finkel, as Trustees of the New York City District Council of Carpenters Benefit Funds, Plaintiffs, v. CARPET LINOLEUM SERVICE, INC., William Alexy, James McWilliam and Insurance Company of North America, Defendants.

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

May 29, 1980.


Attorney(s) appearing for the Case

Finley, Kumble, Wagner, Heine & Underberg, New York City, for plaintiffs; Gerald M. Levine, New York City, of counsel.

Miller & Bush, New York City, for defendants; Irving T. Bush, New York City, of counsel.


OPINION

TENNEY, District Judge.

In this dispute over contributions allegedly due a union benefit fund under the provisions of a collective bargaining agreement, the defendants move to vacate a default judgment and for partial summary judgment. The default is vacated, and summary judgment is granted to the defendants in part, to the plaintiffs in part, and denied in part.

Background

The facts are uncontested. Plaintiffs are trustees...

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