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ALBRADCO, INC. v. BEVONA

No. 373, Docket 92-7616.

982 F.2d 82 (1992)

ALBRADCO, INC. and Elias Strum, Appellants, v. Gus BEVONA, as President of 32B-32J Service Employees International Union, AFL-CIO, and as Trustee of the Building Service 32B-J Health Fund and the Building Service 32B-J Pension Fund; 32B-32J Service Employees International Union, AFL-CIO; Building Service 32B-J Health Fund; Building Service 32B-J Pension Fund, Appellees.

United States Court of Appeals, Second Circuit.

Decided December 21, 1992.

Attorney(s) appearing for the Case

Steven Mallis, New York City (Nancy Sills, Barbara J. Romaine, and Graubard Mollen Horowitz Pomeranz & Shapiro, on the brief), for appellants.

Joseph Ferraro, New York City (Barry N. Saltzman, Eve I. Klein, Joshua A. Adler, and Shea & Gould, on the brief), for appellees.

Before: TIMBERS, VAN GRAAFEILAND, and McLAUGHLIN, Circuit Judges.

TIMBERS, Circuit Judge:

Albradco, Inc. and Elias Strum appeal from a judgment entered in the Southern District of New York, Peter K. Leisure, District Judge, 788 F.Supp. 786, dismissing their action for declaratory judgment. The court held that asserting a defense which claims that the Employee Retirement Income Security Act of 1974 (ERISA) preempts a state court action is insufficient to create subject matter jurisdiction...

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