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MASON TENDERS DIST. COUNCIL WELFARE FUND v. DALTON

No. 86 Civ. 3849 (LBS).

648 F.Supp. 1309 (1986)

MASON TENDERS DISTRICT COUNCIL WELFARE FUND, and Annuity Fund, and Anthony P. Lanza, in his fiduciary capacity as Administrator of the Mason Tenders District Council Welfare Fund, Pension Fund and Annuity Fund, Plaintiffs, v. Charles F. DALTON and John Lowry, Defendants.

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

Opinion vacated at parties' request, February 27, 1987.

Attorney(s) appearing for the Case

Levin & Weissman, P.C., for plaintiffs; Sara L. Chenetz, Damien E. Mysak, New York City, of counsel.

Platzer & Fineberg, for defendant Dalton; Steven D. Karlin, New York City, of counsel.

Davidson, Dawson & Clark, for defendant Lowry; David S. Elkins, New York City, of counsel.

Opinion vacated at parties' request, February 27, 1987, see infra at 1318.

SAND, District Judge.

This is an action commenced by the Mason Tenders District Council Welfare Fund and Pension Fund and Annuity Fund (referred to collectively as the "Funds"), and Anthony Lanza, in his fiduciary capacity as Administrator of the Funds, against defendant Charles F. Dalton ("Dalton") and John Lowry, Jr. ("Lowry") to collect fringe benefit contributions allegedly past...

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