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DeVITO v. HEMPSTEAD CHINA SHOP, INC.

Nos. 1731, 1906, Dockets 93-9036, 93-9078.

38 F.3d 651 (1994)

Gina DeVITO, Charles Castelli, Ralph Vampini and Ruth Gordon, as Trustees of Local 1245 General Benefits Fund, Plaintiffs-Appellees-Cross-Appellants, v. HEMPSTEAD CHINA SHOP, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 19, 1994.

Attorney(s) appearing for the Case

Mark N. Reinharz, Mineola, NY (Frederick D. Braid, Rains & Pogrebin, P.C., Mineola, NY, of counsel), for defendant-appellant-cross-appellee.

Patricia McConnell, New York City (Mary Jo Provenzano, Vladeck, Waldman, Elias & Engelhard, P.C., New York City, of counsel), for plaintiffs-appellees-cross-appellants.

Before: MAHONEY and JACOBS, Circuit Judges, and TRAGER, District Judge.

MAHONEY, Circuit Judge:

Defendant-appellant-cross-appellee Hempstead China Shop, Inc. ("HCS") appeals from a judgment entered January 20, 1994 in the United States District Court for the Eastern District of New York, Arthur D. Spatt, Judge. The district court awarded summary judgment in favor of the plaintiffs-appellees-cross-appellants, the Trustees of Local 1245 General Benefits Fund (the "Trustees"), who sought to compel HCS to make delinquent contributions...

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