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TRUSTEES OF RETIREMENT FUND v. LAZAR-WISOTZKY, INC.

82 Civ 0880 (LBS) and 82 Civ 1363 (LBS)-82 Civ 1368 (LBS).

550 F.Supp. 35 (1982)

TRUSTEES OF the RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY, Plaintiffs, v. LAZAR-WISOTZKY, INC., and Burton Simon, Defendants. TRUSTEES OF the RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY, Plaintiffs, v. SCHNEIDER & COHEN, INC., Sol Cohen and Esther Cohen, Defendants. TRUSTEES OF the RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY, Plaintiffs, v. EXELBERT FUR CORP., Harry Exelbert, and Jerome Exelbert, Defendants. TRUSTEES OF the RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY, Plaintiffs, v. FANTASIA FURS, INC., Mac Ware, and Nathan Prince, Defendants. TRUSTEES OF the RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY, Plaintiffs, v. FUREVER FURS, INC., Leonard Brazin, and Sam Haber, Defendants. TRUSTEES OF the RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY, Plaintiffs, v. JERRY SORBARA, INC., Bernard Merson, Theodore Kahn, and Jerry Sorbara, Defendants. TRUSTEES OF the RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY, Plaintiffs, v. KAHN BROS. & Pinto, Inc., Leonard Kahn, and Richard Pinto, Defendants.

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

August 23, 1982.

Attorney(s) appearing for the Case

Cammer & Shapiro, P.C., Ralph Shapiro, Robert Cammer, New York City, for plaintiffs.

Zelby & Burstein, Herbert Burstein, Steven P. Germansky, New York City, for Lazar-Wisotzky, Inc. and Burton Simon.

Martin Fries, Bayside, N.Y., for Kahn Bros. and Schneider & Cohen.

OPINION

SAND, District Judge.

These actions were brought by the Trustees of the Retirement Fund of the Fur Manufacturing Industry ("plaintiffs") to recover withdrawal liability allegedly owed by the defendant employers pursuant to the Employee Retirement Income Security Act ("ERISA"), as amended by the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA", collectively called "the Act").

The defendants in No. 82 Civ. 1368, Lazar-Wisotzky, Inc...

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