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BRICKLAYERS & ALLIED v. MOULTON MASONRY

No. 1:13-CV-201.

113 F.Supp.3d 601 (2015)

BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 2, Albany, New York Pension Fund, by its Administrator, Stephen J. O'Sick; Bricklayers and Allied Craftworkers Local 2, Albany, New York Health Benefit Fund, by its Administrator, Stephen J. O'Sick; Bricklayers and Allied Craftsmen Local 2 Annuity Fund, by its Administrator, Stephen J. O'Sick; Bricklayers and Allied Craftworkers Local 2, Albany, New York Education & Training Fund, by its Trustees, Robert Mantello, Pasquale Tirino, Luke Renna, Michael Suprenant, J.D. Gilbert, Thomas Marinello, Todd Helfrich and Laura Regan; Bricklayers and Trowel Trades International Pension Fund, by David Stupar, Executive Director; and Bricklayers and Allied Craftworkers Local 2, Albany, New York, AFL-CIO, by Robert Mantello, President, Plaintiffs, v. MOULTON MASONRY & CONSTRUCTION, LLC and Duane E. Moulton, individually and as an Officer of Moulton Masonry & Construction, LLC, Defendants.

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

Signed July 7, 2015.

Attorney(s) appearing for the Case

Jennifer A. Clark, Esq. , Blitman & King LLP, Syracuse, NY, for Plaintiffs.

William J. Keniry, Esq. , Eric Nolan Dratler, Esq. , Brian M. Quinn, Esq. , Tabner, Ryan & Keniry, LLP, Albany, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

I. INTRODUCTION

Plaintiffs filed this action on February 22, 2013, against defendants alleging violations of the Employee Retirement Income Security Act of 1974 ("ERISA") and the Labor-Management Relations Act of 1947 ("the LMRA").

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