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CEMENT AND CONCRETE WORKERS v. METRO FOUNDATION

No. 11-1214.

699 F.3d 230 (2012)

CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL WELFARE FUND, PENSION FUND, ANNUITY FUND, EDUCATION AND TRAINING FUND AND OTHER FUNDS, Alfred G. Gerosa, in his fiduciary capacity as Trustee of the Cement and Concrete Workers District Council Welfare Fund, Pension Fund and Annuity Fund, Pension Fund and Annuity Fund, Alexander J. Castaldi, as President of the Cement and Concrete Workers District Council and in his fiduciary capacity as Trustee of the Education and Training Fund, Plaintiffs-Appellees, v. METRO FOUNDATION CONTRACTORS INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 25, 2012.

Attorney(s) appearing for the Case

Bryan Ha , New York, NY, for Defendant-Appellant Metro Foundation Contractors, Inc.

Joseph Kaming , Kaming & Kaming, New York City, for Plaintiffs-Appellants Cement and Concrete Workers District Council Welfare Fund, Pension Fund, Annuity Fund, Education and Training Fund and other Funds, Alfred G. Gerosa, in his fiduciary capacity as Trustee of the Cement and Concrete Workers District Council Welfare Fund, Pension Fund and Annuity Fund, Alexander Castaldi, as President of the Cement and Concrete workers District Council and in his fiduciary capacity as a Trustee of the Education and Training Fund.

Before: JOHN M. WALKER, JR., STRAUB, and POOLER, Circuit Judges.

POOLER, Circuit Judge.

Plaintiffs — related employee benefit funds — sued Metro Foundation Contractors Inc. ("Metro") to recover contributions owed pursuant to the Employer Retirement Income Security Act of 1974 ("ERISA"). When Metro refused to produce the necessary records to compute the amount of delinquent contributions owed, plaintiffs utilized an alternate method of calculation set forth in the collective bargaining agreement ("CBA") between the...

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