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FLYNN v. OHIO BUILDING RESTORATION, INC.

Civil Action No. 02-0921 (RBW).

260 F.Supp.2d 156 (2003)

John FLYNN, et al., Plaintiffs, v. OHIO BUILDING RESTORATION, INC., et al., Defendants.

United States District Court, District of Columbia.

May 2, 2003.

Attorney(s) appearing for the Case

Ira R. Mitzner, Dickstein, Shapiro, Morin & Oshinsky, LLP, Washington, DC, for Plaintiffs.

Richard D. Carter, Carter & Coleman, Alexandria, VA, for Defendants.

MEMORANDUM OPINION

WALTON, District Judge.

Currently before the Court is the Defendants' Joint Motion to Dismiss or Alternative Motion for Summary Judgment [# 5]. For the reasons stated below, defendants' motion will be denied.

I. Factual Background

Plaintiffs are Trustees of the Bricklayers & Trowel Trades International Pension Fund ("IPF" or "the Fund"). Compl. ¶¶ 1, 3.1 The IPF "is an...

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