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DeVITO v. HEMPSTEAD CHINA SHOP, INC.

No. CV 91-5077 (ADS).

831 F.Supp. 1037 (1993)

Gina DeVITO, Charles Castelli, Ralph Vampini, and Ruth Gordon, as Trustees of Local 1245 General Benefits Funds, Plaintiffs, v. HEMPSTEAD CHINA SHOP, INC., Defendant.

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

September 13, 1993.

Attorney(s) appearing for the Case

Vladeck, Waldman, Elias & Engelhard, P.C., New York City, for plaintiffs (Patricia McConnell, of counsel).

Rains & Pogrebin, P.C., Mineola, NY, for defendant (Mark N. Reinharz, of counsel).

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The plaintiffs brought this action pursuant to 29 U.S.C. §§ 1132 and 1145 ("ERISA") to collect delinquent contributions to the plaintiff Funds under the terms of a collective bargaining agreement with the defendant. The plaintiffs previously moved for summary judgment, seeking an order granting them mandatory relief under 29 U.S.C. § 1132(g)(2). The defendant cross-moved for summary...

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