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CEMENT AND CONCRETE WORKERS DIST. v. FRASCONE

No. 97-CV-6633 (ILG).

68 F.Supp.2d 166 (1999)

CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL WELFARE FUND, PENSION FUND, LEGAL SERVICES FUND AND ANNUITY FUND and Thomas Madera, in his fiduciary capacity as Administrator of the Cement and Concrete Workers District Council Welfare Fund, Pension Fund, Legal Services Fund and Annuity Fund, and Charles Dolcimascolo, as President of the Cement and Concrete Workers District Council, Plaintiffs, v. Anthony FRASCONE, Contractors Casualty and Surety Company, Trataros Construction, Inc., and Seaboard Surety Company, Defendants.

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

September 24, 1999.

Attorney(s) appearing for the Case

Sean L. O'Donnell, Joseph S. Kaming, Kaming & Kaming, New York City, for Plaintiffs.

Michael McDermott, Chris Georgoulis, Scotto, Georgoulis & Dockery, New York City, for Defendants.

Michael R. Strauss, Hollander, Strauss & Mastropietro, New York City.

MEMORANDUM and ORDER

GLASSER, District Judge.

BACKGROUND

Plaintiffs are four pension and benefits funds (the "Funds") maintained on behalf of the members of the Cement and Concrete Workers District Council (the "Union"), together with Thomas Madera, in his fiduciary capacity as the administrator of those funds, and Charles Dolcimascolo, President of the Union. On November 12, 1997, plaintiffs brought suit to recover contributions...

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