ERBACCI, CERONE, AND MORIARTY, LTD. v. U.S.

No. 96 Civ. 1664 (DNE).

939 F.Supp. 1045 (1996)

ERBACCI, CERONE, AND MORIARTY, LTD., as successor to, Erbacci, Syracuse & Cerone, Ltd., Anthony G. Erbacci, and Jack P. Cerone, individually and d/b/a Marble Insurance Agency, Plaintiffs, v. UNITED STATES of America; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO; Charles M. Carberry, as Investigations Officer; Frederick B. Lacey, as Independent Administrator; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Local 738; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Local 726; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Local 727 Health and Welfare Fund; Defendants.

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

August 15, 1996.


Attorney(s) appearing for the Case

Martin L. Schmukler, New York City, for Erbacci, Cerne & Moriarty, Ltd., Anthony G. Erbacci.

Beth E. Goldman, Mary Jo White, U.S. Attorney for the SDNY, New York City, for United States.

Robert W. Gaffey, Jones, Day, Reavis & Pogue, New York City, for Charles M. Carberry.

Stuart Alderoty, LeBoeuf, Lamb, Greene & MacRae, LLP, Newark, NJ, for Frederick B. Lacey.

Richard M. Seltzer, Cohen, Weiss and Simon, New York City, for International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO Local 738, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO Local 726.


OPINION & ORDER

EDELSTEIN, District Judge:

Currently before the Court are six motions pursuant to Federal Rule of Civil Procedure ("Rule") 12(b) to dismiss plaintiffs' Amended Complaint. These motions are brought respectively by defendants the United States of America ("the Government"), Charles M. Carberry as Investigations Officer ("Carberry"), Frederick B. Lacey as Independent Administrator ("Lacey"), the International Brotherhood of Teamsters...

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