TRUSTEES OF NAT. ELEVATOR INDUSTRY PENSION v. LUTYK

No. CIV. A. 00-2301.

140 F.Supp.2d 447 (2001)

TRUSTEES OF the NATIONAL ELEVATOR INDUSTRY PENSION, Health Benefit and Educational Funds, Plaintiff, v. Andrew LUTYK, Defendant.

United States District Court, E.D. Pennsylvania.

May 4, 2001.


Attorney(s) appearing for the Case

Robert Patrick Curley, O'Donoghue and O'Donoghue, David D. Capuano, O'Donoghue & O'Donoghue, Philadelphia, PA, for Trustees of the National Elevator Industry Pension, Health Benefit and Educational Funds, Plaintiffs.

Louis Rosner, Law Offices of Louis Rosner, Philadelphia, PA, for Andrew Lutyk, Defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

KATZ, Senior District Judge.

This issue in this case is whether Andrew Lutyk, the sole director and shareholder of American Elevator Company, is personally liable for the corporation's unpaid contributions to employee benefits funds established under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. As set forth in the court's memorandum and order of April 13, 2001 addressing...

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