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LOCAL 202 v. TR. OF PLASTERING IND. W. & P. FUNDS

No. 85 CV 3336.

710 F.Supp. 42 (1989)

OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION LOCAL 202; Board of Trustees of the Plastering Industry Local 202 Welfare Fund and Annuity Fund; Donald LoMonaco, Individually and on Behalf of all Other Members of Operative Plasterers and Cement Masons International Association Local 202 similarly situated, Plaintiffs, v. BOARD OF TRUSTEES OF THE PLASTERING INDUSTRY WELFARE AND PENSION TRUST FUNDS and Operative Plasterers and Cement Masons International Association Local 60, Defendants.

United States District Court, E.D. New York.

April 7, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Kreisberg, Kreisberg & Maitland, P.C., New York City, for plaintiffs.

James J. Kelly, Kelly & Luglio, Deer Park, N.Y., for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This action is before the Court on cross-motions for summary judgment pursuant to Fed.R.Civ.P. 56 filed by plaintiffs ("Local 202") and defendants ("Local 60"). For the reasons discussed below, Local 202's motion is granted and Local 60's motion is denied.

FACTS

Both Local 202 and Local 60 are affiliated with the same international union — Operative Plasterers and Cement Masons International...

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