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MASON TENDERS DIS. COUNCIL WELFARE v. LOGIC CONST.

No. 97 Civ 5212(LAK).

7 F.Supp.2d 351 (1998)

MASON TENDERS DISTRICT COUNCIL WELFARE FUND, et al., Plaintiffs, v. LOGIC CONSTRUCTION CORP., et al., Defendants.

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

May 26, 1998.

Attorney(s) appearing for the Case

Lawrence A. Kravitz, Sally L. Schneider, Marc Alan Steier, Gorlick, Kravitz & Listhaus, P.C., New York, NY, for Plaintiffs.

Robert P. Herzog, New York, NY, for defendant Robert M. Fisher as Assignee of Logic Construction Corp.

Maria Makris-Gouvas, Trial Attorney, Marvin Kirslov, Deputy Solicitor for National Operations, Marc I. Machiz, Associate Solicitor for Plan Benefits Sec. Div., Karen L. Handorf, Counsel for Special Litigation, Washington, DC, for Amicus Curiae U.S. Dept. of Labor.

MEMORANDUM OPINION

KAPLAN, District Judge.

This case presents the question whether an assignee for the benefit of creditors may be sued under the Employee Retirement Income Security Act ("ERISA")1 for contributions to employee funds which the assignor failed to make as required. In view of the novel character of the issue, the Court has invited and received the views of the United States Department of Labor, which is charged...

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