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NYSA-ILA GAI FUND v. POGGI

No. 85 Civ. 2249 (RWS).

617 F.Supp. 847 (1985)

NYSA-ILA GAI FUND, NYSA-ILA Vacation and Holiday Fund and NYSA-ILA Container Royalty Fund, Plaintiffs, v. Joseph M. POGGI, Defendant.

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

September 16, 1985.

Attorney(s) appearing for the Case

Lambos, Flynn, Nyland & Giardino, Thomas W. Gleason, New York City, for plaintiffs; William M. Spelman, Charles Goldburg, New York City, of counsel.

Edward J. Quinlan, New York City, for defendant.

OPINION

SWEET, District Judge.

In response to the motion of plaintiffs NYSA-ILA GAI Fund, the NYSA-ILA Vacation and Holiday Fund and the NYSA-ILA Container Royalty Fund (the "Funds") to amend their complaint, defendant Joseph M. Poggi ("Poggi") has brought a cross-motion to dismiss the complaint on the basis that the court lacks subject matter jurisdiction over the case. Poggi's motion will be granted with leave to amend.

Pleadings

The...

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