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CAPOZZA TILE CO., INC. v. JOY

No. 01-108-PC.

223 F.Supp.2d 307 (2002)

CAPOZZA TILE COMPANY, INC., Plaintiff v. Richard N. JOY, et al., Defendants and John Flynn, et al., Plaintiffs v. Capozza Tile Company, Inc., Defendant

United States District Court, D. Maine.

September 30, 2002.

Attorney(s) appearing for the Case

Marshall J. Tinkle, David M. Hirshon, Tompkins, Clough, Hirshon & Langer, Portland, ME, for Capozza Tile Company, Inc., plaintiff.

Jeffrey Neil Young, McTeague, Higbee, Macadam, Case, Watson & Cohen, Topsham, ME, Ira R. Mitzner, Dickstein, Shapiro, Morin & Oshinsky, LLP, Washington, DC, for Bricklayers & Trowel Trades Intern. Pension Fund.

Jonathan S.R. Beal, Fontaine & Beal, P.A., Portland, ME, Michael A. Feinberg, Renee Bushey, Feinberg, Charnas & Birmingham, P.C., Boston, MA, for Richard N Joy, International Union of Bricklayers & Allied Craftworkers Local No. 1 — Northern New England, defendants.

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

HORNBY, Chief Judge.

The United States Magistrate Judge filed with the court on April 29, 2002, with copies to counsel, his Recommended Decision on Motions for Summary Judgment and Memorandum Decision on Availability of Jury Trial. Objections to the Recommended Decision were filed by plaintiffs, Trustees of the Bricklayers & Trowel Trades International Pension Fund ("Fund"), on May 8, 2002...

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