NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND v. DOREN AVE. ASSOCIATES, INC.

No. 5:03-CV-1338.

321 F.Supp.2d 435 (2004)

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, by its Trustees John Bulgaro, Gary Staring, Brian R. Masterson, Daniel W. Schmidt, Michael S. Scalzo, Sr., Thomas K. Wotring, and J. Dawson Cunningham, Plaintiff, v. DOREN AVENUE ASSOCIATES, INC.; Express Services, LLC; and S & P Trucking LLC, Defendants.

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

May 7, 2004.


Attorney(s) appearing for the Case

Paravati, Karl, Green & Debella, Utica, NY (Vincent M. DeBella, Peter Paravati, of counsel), for plaintiff.

Ulmer & Berne LLP, Cleveland, OH (Ronald L. Kahn, Britt J. Rossiter, of counsel), for Defendants Express Services, LLC and S & P Trucking LLC.

Harris Beach LLP, Pittsford, NY (Daniel J. Moore, Greg J. McDonald, of Counsel), for Defendants Express Services, LLC and S & P Trucking LLC.


MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

On November 3, 2003, plaintiff New York State Teamsters Conference Pension and Retirement Fund ("the Fund"), by its Trustees, filed suit against defendants Doren Avenue Associates, Inc., Express Services, LLC. ("Express" or "defendants"), and S & P Trucking, LLC ("S & P" or "defendants"), seeking pension interim withdrawal liability payments on the basis that defendants...

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