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TIBONI v. CLEVELAND TRINIDAD PAVING CO.

No. 93-3318.

36 F.3d 533 (1994)

Gary M. TIBONI, Plaintiff-Appellant, v. The CLEVELAND TRINIDAD PAVING COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1994.

Attorney(s) appearing for the Case

Kevin P. Prendergast (argued), Climaco, Climaco, Seminatore, Lefkowitz & Garofoli, Tim L. Collins (briefed), John M. Masters (briefed), Masters & Collins, Cleveland, OH, for plaintiff-appellant.

Kenneth J. Walsh, James M. Stone, Robert S. Stone (argued and briefed), McDonald, Hopkins, Burke & Haber, Cleveland, OH, for defendant-appellee.

Before: KEITH, WELLFORD and MILBURN, Circuit Judges.

WELLFORD, Circuit Judge.

Gary M. Tiboni as trustee of a local union and multi-employer welfare fund ("the fund") in December, 1991, sued defendant Cleveland Trinidad Paving Company ("Trinidad"), one of the employer signatories, for an alleged violation for refusing to turn over financial data for an audit to determine whether Trinidad was in compliance with ERISA and its alleged contractual obligation under a collective bargaining agreement ("CBA") with the local...

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