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LaBARBERA v. D. & R. MATERIALS INC.

Case No. 08-CV-146 (FB)(JMA).

588 F.Supp.2d 342 (2008)

Gary LaBARBERA and Frank Finkel Trustees of Local 282 International Brotherhood of Teamsters Welfare, Pension, Annuity, Job Training and Vacation Sick Leave Trust Funds, Plaintiffs, v. D. & R. MATERIALS INC. d/b/a D & R Materials Inc., Defendant.

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

December 1, 2008.

Attorney(s) appearing for the Case

Avram H. Schreiber, Esq., New York, NY, for the Plaintiff.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

I

On January 11, 2008, plaintiffs, in their capacities as fiduciaries of the Local 282 International Brotherhood of Teamsters ("Local 282") Welfare, Pension, Annuity, Job Training and Vacation Sick Leave Trust Funds ("the Funds"), filed suit against D. & R. Materials Inc. ("D & R"). Plaintiffs' complaint alleged that D & R...

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