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LEDDY v. STANDARD DRYWALL, INC.

No. 811, Docket 87-7185.

875 F.2d 383 (1989)

Patrick J. LEDDY, John J. O'Connor, Denis R. Sheil, James F. Viggiano, John J. Brennan, Alfred Finkel, Theodore King, Frederick Devine, Frank McHale, Joseph Fater, Irving Mazer, Kurt Tolksdorf, the Trustees of the New York City District Council of Carpenters Welfare Fund, New York City District Council of Carpenters Pension Fund, New York City District Council of Carpenters Vacation Fund, New York City District Council of Carpenters Annuity Fund, New York City District Council of Carpenters Apprenticeship, Journeymen Retraining Educational and Industry Fund, New York City District Council of Carpenters Annuity Fund, and New York City District Council of Carpenters Supplemental Funds (hereinafter referred to collectively as the Trustees of the New York City District Council of Carpenters Benefits Funds), Plaintiffs-Appellees, v. STANDARD DRYWALL, INC., Michael Gedell, Defendants-Appellants, Arnold Koslow, d/b/a "Standard" and Frances Katz, Murray Koslow, Joseph Koslow, Harvey Shulman, Barry Shulman, Kevin Ebel, Edward Piccirillo, and Arthur Giangrande, Defendants.

United States Court of Appeals, Second Circuit.

Decided May 16, 1989.

Attorney(s) appearing for the Case

Douglas P. Null, Westbury, N.Y., for defendants-appellants.

David W. Silverman, New York City (Catherine T. O'Toole Lauritano, Granik Silverman Sandberg Campbell Nowicki Resnik, New York City, on the brief), for plaintiffs-appellees.

Before OAKES, Chief Judge, NEWMAN, Circuit Judge, and LEISURE, District Judge.

JON O. NEWMAN, Circuit Judge:

Standard Drywall, Inc. ("Standard") and its president, Michael Gedell, appeal from a judgment entered after a bench trial in the District Court for the Eastern District of New York (Leonard D. Wexler, Judge), finding that Standard and Gedell violated Section 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1145 (1982), by fraudulently withholding employee benefit fund contributions that Standard was required...

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