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LABORERS HEALTH & WELFARE TRUST FUND v. KMM CONST. CO., INC.

No. 86-6521-Civ.

651 F.Supp. 344 (1987)

LABORERS HEALTH & WELFARE TRUST FUND OF SOUTH FLORIDA; Jackie Dixson, Albert Huston, James Woodall, Ernest Balcom, James Erskine, Constantinos Xaros and Gerrye Pugh, as Trustees of the Laborers Health & Welfare Trust Fund of South Florida; Southeast Florida Laborers District Council Dental, Vision & Preventative Care Trust Fund; Jackie Dixson, Constantinos Xaros, Ernest Balcom, and James Woodall as Trustees of the Southeast Florida Laborers District Council Dental, Vision & Preventative Care Trust Fund; Laborers National Pension Fund; Ann Sizemore as fund administrator of the Laborers National Pension Fund; Southeast Florida Laborers District Council and Laborers Local Unions Nos. 478 and 938, Plaintiffs, v. KMM CONSTRUCTION CO., INC., a Florida corporation and Edward J. DeBartolo, Defendants.

United States District Court, S.D. Florida.

January 9, 1987.

Attorney(s) appearing for the Case

Allan M. Elster, North Miami Beach, Fla., for plaintiffs.

Stephen P. Walroth, Miami, Fla., for defendants.

FINAL ORDER OF DISMISSAL AS TO DEFENDANT EDWARD J. DeBARTOLO, INC.

ARONOVITZ, District Judge.

THIS MATTER is pending before the Court upon Defendant Edward J. DeBartolo, Inc.'s (nee Edward J. DeBartolo) Motion to Dismiss the Complaint herein. This is an action by the Plaintiffs as Trustees of an Employee Benefit Plan seeking contributions to the Trust Funds of which Plaintiffs are Trustees, from KMM Construction Co., Inc., a sub-contractor, and Edward J...

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