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BOARD OF TRUSTEES v. D'ELIA ERECTORS, INC.

No. Civ.A. 97-1461-A.

17 F.Supp.2d 511 (1998)

BOARD OF TRUSTEES, Sheet Metal Workers' National Pension Fund, et al., Plaintiffs, v. D'ELIA ERECTORS, INC., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

July 31, 1998.

Attorney(s) appearing for the Case

Seth B. Popkin, Office of General Counsel, Sheet Metal Workers' National Pension Fund, Alexandria, VA, for Plaintiffs.

Stewart C. Economou, J. Casey Forrester, Economou, Forrester & Ray, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

In this ERISA1 action, the defendant-employer does not dispute that since 1981 it has unlawfully failed to pay contributions due to the plaintiff-funds. The sole dispute presented on defendant's motion for partial summary judgment is the extent of this liability. Defendant asserts that plaintiffs, who filed this action in September 1997, are barred by the applicable five-year statute...

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