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MASON TENDERS COUNCIL WELF. FUND v. THOMSEN CONST.

Docket No. 01-9225.

301 F.3d 50 (2002)

MASON TENDERS DISTRICT COUNCIL WELFARE FUND, Pension Fund, Annuity Fund, Training Program Fund, New York State Laborers-Employers Cooperation and Education Trust Fund, New York Laborers Health and Safety Trust Fund, Building Contractors Association Industry Advancement Program, John J. Virga, in his capacity as Director, Anthony Silvestri, as Business Manager of the Mason Tenders District Council of Greater New York, Plaintiffs-Appellants, v. THOMSEN CONSTRUCTION COMPANY, INC. and Stephen Thomsen, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2002.

Attorney(s) appearing for the Case

David M. Fish, Rosen, Leff, Esqs., Hempstead, NY, for Plaintiffs-Appellants.

Michael J. Vollbrecht, Gorlick, Kravitz & Listhaus, New York, NY, for Defendants-Appellees.

Before CALABRESI, SACK, B.D. PARKER, Circuit Judges.

PER CURIAM.

Plaintiffs, a combination of jointly administered, multi-employer, labor-management trust funds (the "funds") that were established and maintained pursuant to various collective bargaining agreements, brought suit against Defendant Thomsen Construction Co., Inc. and its owner, Defendant Stephen Thomsen. Plaintiffs, claiming that Defendants had violated a collective bargaining agreement by ceasing to make contributions to the Funds, sought a judgment for...

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