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SUPREME OIL CO., INC. v. ABONDOLO

Nos. 07 Civ. 6479(RJH), 07 Civ. 6537(RJH).

568 F.Supp.2d 401 (2008)

In the Matter of the Arbitration Between SUPREME OIL COMPANY, INC., Petitioner, v. Richard ABONDOLO, as Chairman of the Board of Trustees of UFCW Local 174 Commercial Health Care Fund and Richard Abondolo, as Chairman of the Board of Trustees of UFCW Local 174 Commercial Pension Fund, Respondents. Richard Abondolo, as Chairman of the Board of Trustees of UFCW Local 174 Commercial Health Care Fund and Richard Abondolo, as Chairman of the Board of Trustees of UFCW Local 174 Commercial Pension Fund, Petitioners, v. Supreme Oil Company, Inc., Respondent.

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

July 31, 2008.

Attorney(s) appearing for the Case

Jonathan J. Lerner, Starr, Gern, Davison, & Rubin, P.C., Roseland, NJ, for Supreme Oil Company, Inc.

Andrew John Calcagno, Calcagno & Associates Attorneys At Law, LLC, Staten Island, NY, for Richard Abondolo.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

Before the Court are cross-petitions concerning a June 13, 2007 arbitration award in favor of UFCW Local 174 Commercial Health Care Fund and UFCW Local 174 Commercial Pension Fund (collectively the "Funds") and against Supreme Oil Company, Inc. ("Supreme Oil"). Moving under the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a) ("ERISA"), and the Labor-Management Relations...

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