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  5. 645 F.Supp. 160 (1986)
 

NORTHERN CALIFORNIA FOOD EMPLOYERS & RETAIL CLERKS UNIONS BENEFIT FUND v. DIANDA'S ITALIAN-AMERICAN PASTRY CO., INC.,

No. C-85-3680 SC.

645 F.Supp. 160 (1986)

NORTHERN CALIFORNIA FOOD EMPLOYERS & RETAIL CLERKS UNIONS BENEFIT FUND and Gordon Costa, Administrator, Plaintiffs, v. DIANDA'S ITALIAN-AMERICAN PASTRY CO., INC., Defendant.

United States District Court, N.D. of California.

October 3, 1986.

Attorney(s) appearing for the Case

Fred D. Lonsdale, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiffs.

Robert R. Wood, Athearn, Chandler & Hoffman, San Francisco, Cal., for defendant.

ORDER DENYING MOTION TO DISMISS

CONTI, District Judge.

Plaintiff Northern California Food Employers and Retail Clerks Unions Benefit Fund ("Benefit Fund") and plaintiff Gordon Costa, the administrator of the Benefit Fund, bring this action under ERISA. Plaintiffs seek to enforce the terms of an employee benefit plan ("the plan") and to recoup benefits improperly paid as a result of defendant's alleged inaccurate reporting of its employee's hours. Plaintiffs...

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