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LABORERS LOCAL 938 JOINT HEALTH & WELFARE TRUST FUND v. B.R. STARNES CO. OF FLORIDA

No. 85-2498-Civ.

658 F.Supp. 305 (1986)

LABORERS LOCAL 938 JOINT HEALTH & WELFARE TRUST FUND, et al., Plaintiffs, v. B.R. STARNES COMPANY OF FLORIDA, et al., Defendants.

United States District Court, S.D. Florida.

January 22, 1986.

Attorney(s) appearing for the Case

Allan M. Elster, Miami Beach, Fla., for plaintiff.

John W. Kozyak, Kozyak, Tropin & Throckmorton, Miami, Fla., for Arvida Corp.

Richard W. Groner, Abel, Band, Brown, Russell & Collier, Chartered, Sarasota, Fla., for Darin & Armstrong and USF & G.

Geoffrey S. Mombach, Mombach & Boyle, P.A., Boca Raton, Fla., for Starnes.

Stanley H. Wakshlag, Akerman, Senterfitt & Eidson, Miami, Fla., for Trapanesse.

MARCUS, District Judge.

The novel question presented by this cause is whether contractors and their sureties, none of whom are signatories to a collective bargaining agreement, are "employers" as defined by the Employee Retirement Income Security Act of 1974 (ERISA)1 and thus bound by its statutory obligation to make contributions into employee benefit funds.

The Complaint in this action was filed on June 27, 1985 seeking damages...

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