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LABARBERA v. AUDAX CONST. CORP.

No. 02-cv-582 (SLT)(GRB).

971 F.Supp.2d 273 (2013)

Gary LaBARBERA and Theodore King, as Trustees and Fiduciaries of the Local 282 Welfare Trust Fund, the Local 282 Pension Trust Fund, the Local 282 Annuity Trust Fund, the Local 282 Job Vacation and Sick Leave Trust Fund, and the Local 282 Job Training Trust Fund, Plaintiff, AUDAX CONSTRUCTION CORP, Formula 1 Transport, Inc., Ferrara Equipment, Inc., and Sal Ferrara, Defendants.

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

January 10, 2013.

Attorney(s) appearing for the Case

Bruce S. Levine , David Ronald Hock , Joseph J. Vitale , Michael Seth Adler , Cohen, Weiss and Simon LLP, New York, NY, for Plaintiff.

Gerald Dandeneau , Bart & Schwartz, LLP, Gerald V. Dandeneau , Dandeneau & Lott, Melville, NY, for Defendants.

MEMORANDUM AND ORDER

TOWNES, District Judge:

Gary LaBarbera and Theodore King ("Plaintiffs"), as trustees and fiduciaries of the Local 282 Welfare, Pension, Annuity, Job Training and the Vacation and Sick Leave Trust Funds (the "Funds"), brought suit pursuant to the Employee Retirement Income Security Act ("ERISA"), as amended, 29 U.S.C. § 1132, and the Labor Management Relations Act ("LMRA"), as amended, 29 U.S.C. § 185, against defendant...

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