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FLYNN v. ANTHONY MION & SONS, INC.

No. 1:03-CV-0479.

275 F.Supp.2d 269 (2003)

John FLYNN, Louis Weir, Dominic Spano, Kenneth Lambert, Frank Stupar, John T. Joyce, James Boland, Gerald O'Malley, George Harbison, Paul Songer, Charles Velardo, Eugene George, Matthew Aquiline, Dan Schiffer, Joseph Speranza, Jr., and Vincent Delazzero, as Trustees of, and on behalf of, the Bricklayers & Trowel Trades International Pension Fund, Plaintiffs, v. ANTHONY MION & SONS, INC., Defendant.

United States District Court, N.D. New York.

July 29, 2003.

Attorney(s) appearing for the Case

Dickstein, Shapiro, Morin & Oshinsky, LLP (Ira R. Mitzner, Esq., of Counsel), Washington, DC, for Plaintiffs.

Granik, Silverman & Hekker (David W. Silverman, Esq., of Counsel), New York City, for Defendant.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiffs, the trustees of the Bricklayers & Trowel Trades International Pension Fund (the "IPF") and the IPF, commenced the instant action pursuant to section 515 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1145, seeking to collect contributions from defendant Anthony...

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