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BRICKLAYERS LOCAL 33 v. AMERICA'S MARBLE SOURCE

No. 91-5151.

950 F.2d 114 (1991)

BRICKLAYERS AND ALLIED CRAFTSMEN INTERNATIONAL UNION LOCAL 33 BENEFIT FUNDS, Appellant v. AMERICA'S MARBLE SOURCE, INC., d/b/a Amerimar; Coastal Management Company, Inc.; Bally's Hotel and Casino, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 4, 1991.

Attorney(s) appearing for the Case

Robert F. O'Brien and Mark E. Belland (argued), Tomar, Simonoff, Adourian & O'Brien, Haddonfield, N.J., for appellant.

Stephen S. Mayer and Jedd E. Mendelson (argued), Grotta, Glassman & Hoffman, P.C., Roseland, N.J., for appellees.

Before MANSMANN and ALITO, Circuit Judges and DIAMOND, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

The Bricklayers and Allied Craftsmen International Union Local 33 Benefit Funds ("Benefit Funds") appeal from an order of the United States District Court for the District of New Jersey dismissing their complaint, which asserted claims under the New Jersey Construction Workers' Fringe Benefit Security Act (the "Fringe Benefit Act"), N.J.STAT.ANN. § 34:11A-1 — 34:11A-12. The district court held that the...

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