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LABARBERA v. C. VOLANTE CORP.

No. 98-CV-5005 NG.

164 F.Supp.2d 321 (2001)

Gary LABARBERA, Larry Kudla, Dennis Gartland, Robert Haeseker, Chester Broman, Josseph Ferrara, Frank Finkel and Theodore King, as Trustees and Fiduciaries of the Local 282 Welfare, Pension, Annuity, Job Training, and Vacation and Sick leave Trust Funds, Plaintiffs, v. C. VOLANTE CORP., C. Volante Trucking Corp., and Vital Trucking Corp., Defendants.

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

September 26, 2001.

Attorney(s) appearing for the Case

Michael Bauman, New York, NY, for plaintiff.

Robert M. Ziskin, Commack, NY, for defendant.

ORDER

GERSHON, District Judge.

This action is brought pursuant to the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185, and the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1132(a)(3) and 1145 for recovery of delinquent pension fund contributions for the period of October 1, 1993 to June 30, 1997. By order dated November 7, 2000, I granted plaintiffs' motion...

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