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ROOFERS LOCAL 149 SECUR. TRUST FUND v. DUANE SMELSER ROOFING CO.

No. CIV.01-40252.

285 F.Supp.2d 936 (2003)

ROOFERS LOCAL 149 SECURITY TRUST FUND, Roofers Local 149 Pension Fund, Roofers Local 149 Vacation-Holiday Fund, Roofing Industry Promotion Fund, and Roofers Local 149 Joint Apprenticeship Fund, Plaintiffs, v. DUANE SMELSER ROOFING COMPANY, David Smelser, Stacey Smelser, and David Smelser Roofing Company, Inc., Defendants.

United States District Court, E.D. Michigan, Southern Division.

September 25, 2003.

Attorney(s) appearing for the Case

Michael J. Asher, David J. Selwocki, Sullivan, Ward, Southfield, MI, for Roofers Local 149 Security Trust Fund, Roofers Local 149 Pension Fund, Roofers Local 149 Vacation — Holiday Fund, Roofing Industry Promotion Fund, Roofers Local 149 Joint Apprenticeship Fund, plaintiffs.

Thomas J. Budzynski, Clinton Township, MI, for Duane Smelser Roofing Company, David Smelser dba Duane Smelser Roofing Company, Stacey Smelser dba Duane Smelser Roofing Company, David Smelser Roofing Company, Incorporated, defendants.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

In this civil action, Plaintiffs seek to recover unpaid fringe employment benefit contributions. Before the Court is Plaintiffs' motion for summary judgment. Defendants filed a response, and Plaintiffs filed a reply brief. The Court elects to proceed without a hearing. See E.D. Mich. LR 7.1(e)(2). For the reasons...

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