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MITCHELL v. EAGLE PAINTING & MAINTENANCE COMPANY, INC.

Case No. 2:12-cv-425.

James Mitchell, Sr., Board of Trustees Chairman and Henry Sierra, Board of Trustees Secretary, on behalf of NORTHWEST INDIANA PAINTERS WLEFARE FUND; et al., Plaintiffs, v. EAGLE PAINTING & MAINTENANCE COMPANY, INC. and STEVE SAKOUTIS, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

December 22, 2014.

Attorney(s) appearing for the Case

James Mitchell, Sr, Plaintiff, represented by Paul T Berkowitz , Paul T Berkowitz & Associates Ltd & Thomas E Moss , Paul T Berkowitz & Associates Ltd.

Henry Sierra, Plaintiff, represented by Paul T Berkowitz , Paul T Berkowitz & Associates Ltd, Thomas E Moss , Paul T Berkowitz & Associates Ltd, Paul T Berkowitz , Paul T Berkowitz & Associates Ltd & Thomas E Moss , Paul T Berkowitz & Associates Ltd.

Rod McDonald, Plaintiff, represented by Paul T Berkowitz , Paul T Berkowitz & Associates Ltd & Thomas E Moss , Paul T Berkowitz & Associates Ltd.

Local 460 Northwest Indiana District Council 91 IUPAT AFL-CIO, Plaintiff, represented by Paul T Berkowitz , Paul T Berkowitz & Associates Ltd & Thomas E Moss , Paul T Berkowitz & Associates Ltd.

Eagle Painting and Maintenance Company Inc, Defendant, represented by James M Yannakopoulos , Koransky Bouwer & Poracky PC.

Steve Sakoutis, Defendant, represented by James M Yannakopoulos , Koransky Bouwer & Poracky PC.

OPINION AND ORDER

ANDREW P. RODOVICH, Magistrate Judge.

This matter is before the court on the Motion to Dismiss Counterclaim [DE 26] filed by the plaintiffs/counter-defendants, James Mitchell, Sr., Board of Trustees Chairman and Henry Sierra, Board of Trustees Secretary, on behalf of Northwest Indiana Painters Welfare Fund; et al., on November 17, 2014. For the following reasons, the Motion to Dismiss Counterclaim [DE 26] is GRANTED in part...

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