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LABORERS COMBINED FUNDS v. RUSCITTO

Civ. A. No. 93-686.

848 F.Supp. 598 (1994)

LABORERS COMBINED FUNDS OF WESTERN PENNSYLVANIA, as agent for Joseph Laquatra and Albert W. Betler, trustees ad litem; Laborers' District Council of Western Pennsylvania Welfare and Pension Funds; The Construction Industry Advancement Program of Western Pennsylvania Fund; Laborers' District Council of Western Pennsylvania, and its affiliated unions; and Carpenters Combined Funds, Inc., by James R. Klein, Administrator, Plaintiffs, v. Jeffrey RUSCITTO and Anthony Ruscitto, Defendants.

United States District Court, W.D. Pennsylvania.

February 7, 1994.

Attorney(s) appearing for the Case

Jeffrey J. Leech, Tucker, Arensburg, Pittsburgh, PA, for plaintiffs.

Steven B. Silverman, Jeffrey J. Leech, Tucker, Arensburg, Pittsburgh, PA, for Carpenters Combined Funds, Inc. by James R. Klein, Adm'r.

Theresa L. Wasser, Sable, Makoroff & Gusky, Pittsburgh, PA, for defendants.

MEMORANDUM OPINION

BLOCH, District Judge.

Presently before the Court are defendants' motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). For the reasons herein stated, defendants' motions will be denied.

In ruling on a motion to dismiss, the applicable standard of review requires the Court to accept as true all allegations in the complaint and all reasonable inferences that...

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