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MASON TENDERS DIST. COUN. WEL. FUND v. UNITED CITY

No. 94 Civ. 5302 (MGC).

925 F.Supp. 208 (1996)

MASON TENDERS DISTRICT COUNCIL WELFARE FUND, Pension Fund, Annuity Fund, Asbestos Training Program Fund, Industry Fund, Legal Services Fund, Vacation Fund, New York State Laborers-Employers Cooperation and Education Trust Fund, New York Laborers' Health and Safety Trust Fund, and Building Contractors Association Industry Advancement Program, and Paul V. Ragone, in his fiduciary capacity as Director, and James Lupo, as President of The Mason Tenders District Council of Greater New York, Plaintiffs, v. UNITED CITY CONTRACTING INC. and Daniel Palmadessa, Defendants.

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

May 17, 1996.

Attorney(s) appearing for the Case

Mysak, Gorlick, Kravitz & Listhaus, P.C., by Michael J. Vollbrecht, Andrew A. Gorlick, New York City, for Plaintiffs.

Gutman & Gutman by S. Mac Gutman, Halima Akhtar-Gutman, Forest Hills, New York, for Defendant Daniel Palmadessa.

MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

Plaintiffs bring this action pursuant to section 502(a)(3) and 515 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1132(a)(3) & 1145 (1994), and pursuant to section 301 of the Labor Management Relations Act, 1947 ("LMRA"), 29 U.S.C. § 185 (1994), to recover fringe benefit contributions, union dues check-offs and political action committee contributions...

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