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L.I. HEAD START CHILD DEV. v. ECONOMIC OPPORTUNITY

No. CV 00-7394(ADS).

558 F.Supp.2d 378 (2008)

L.I. HEAD START CHILD DEVELOPMENT SERVICES, INC., Paul Adams, derivatively on behalf of Community Action Insurance Agencies Group and class representatives of all other persons similarly situated, Plaintiffs, v. ECONOMIC OPPORTUNITY COMMISSION OF NASSAU COUNTY, INC., Economic Opportunity Council of Suffolk, Inc., Yonkers Community Action Program, Inc., and Stella B. Kearse as Representative of the Estate of John L. Kearse, Deceased, Defendants.

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

June 3, 2008.

Attorney(s) appearing for the Case

Welby, Brandy & Greenblatt, LLP, by Alexander A. Miuccio, Esq. of Counsel, White Plains, NY, for Plaintiffs.

Mark E. Goidell, Esq., Hauppauge, NY, for Defendants, Economic Opportunity Commission of Nassau County, Inc and Yonkers Community Action Program Inc.

Barry V. Pittman, Esq., Bay Shore, NY, for Defendant, Economic Opportunity Council of Suffolk, Inc.

Law Offices of Frederick K. Brewington, by Frederick K. Brewington, Esq. and Eric M. Sarver, Esq. Of Counsel, for Defendant, Stella B. Kearse as Representative of the Estate of John L. Kearse, Deceased.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This is the second installment of a continuing saga involving an employee health and welfare benefit fund; a former participating not-for-profit organization; three participating not-for-profit organizations; and a trustee of the fund. This action was commenced on December 13, 2000. Primarily, it is based on alleged violations of the Employee Retirement Income Security

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