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R.R. MAINTENANCE LABORERS' v. KELLY R.R. CONTR.

No. 82 C 6565.

591 F.Supp. 889 (1984)

RAILROAD MAINTENANCE LABORERS' LOCAL 1274 PENSION, WELFARE AND EDUCATION FUNDS, Plaintiff, v. KELLY RAILROAD CONTRACTORS, INC. and The Rails Company, a corporation and Robert Mitchell, Defendants.

United States District Court, N.D. Illinois, E.D.

June 26, 1984.

Attorney(s) appearing for the Case

Charles A. Linn, Arnold & Kadjan, Chicago, Ill., for plaintiff.

Roger J. Miller, Nelson & Harding, Omaha, Neb., Arthur Smith, Robert P. Casey, Vedder, Prine, Kaufman & Kammholz, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

MORAN, District Judge.

This matter is before the court on a motion to dismiss, or in the alternative, for summary judgment brought by defendants Kelly Railroad Contractors, Inc. (Kelly), the Rails Company (Rails) and Robert Mitchell (Mitchell). Plaintiff Railroad Maintenance Laborers' Local 1274 Pension, Welfare and Education Funds (Funds) seeks to enforce the payment of contributions to various fringe benefit trust funds created pursuant...

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