ALTCM, LOCAL 395 PENSION TRUST FUND v. NEVAREZ

CIV 86-1973 to 86-1975 PHX RCB, CIV 86-1990 PHX RCB.

661 F.Supp. 365 (1987)

ARIZONA LABORERS, TEAMSTERS, AND CEMENT MASONS, LOCAL 395 PENSION TRUST FUND, et al., Plaintiffs, v. Samuel NEVAREZ et al., Defendants.

United States District Court, D. Arizona.

May 19, 1987.


Attorney(s) appearing for the Case

Daniel F. Gruender, James M. Nelson, Keith F. Overholt, Shimmel, Hill, Bishop & Gruender, P.C., Phoenix, Ariz., for plaintiffs.

Philip W. Messinger, Deputy Maricopa Co. Atty., Support Enforcement Unit, Phoenix, Ariz., for defendant/judgment creditors Ophelia Marie Moya, Alice Vasquez, and Geneice Center.

Robert Bushor, Tempe, Ariz., for defendant/judgment creditor Ernestine W. Noel.

Herman Alcantar, Phoenix, Ariz., for defendant/judgment debtor Samuel Nevarez.

Peter Moya, pro se.

Wilson Noel, pro se.

Defendant Benny Center, pro se.


ORDER

BROOMFIELD, District Judge.

Plaintiffs and defendants filed crossed motions for summary judgment pursuant to Fed.R.Civ.P. 56. There being no genuine issue of material fact, the court finds summary judgment is proper in this case.

The facts of this case are not in dispute. Plaintiffs are six trust funds created under and governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. Plaintiff Arizona...

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