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DARDAGANIS v. GRACE CAPITAL, INC.

No. 86 Civ. 6135 (RWS).

664 F.Supp. 105 (1987)

Theofanis DARDAGANIS, et al., as Trustees of the Retirement Fund of the Fur Manufacturing Industry, Plaintiffs, v. GRACE CAPITAL, INC. and H. David Grace, Defendants.

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

June 30, 1987.

Attorney(s) appearing for the Case

Gaston, Snow, Beekman & Bogue, New York City (Christopher O'Brien, of counsel) and Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C. (William F. Hanrahan, James H. Hulme and Ronald L. Castle, of counsel), for plaintiffs.

Robert E. Anderson, New York City, for defendants.

OPINION

SWEET, District Judge.

The plaintiffs Trustees of the Retirement Fund of the Fur Manufacturing Industry (the "Fund") have moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment in their favor with respect to Count II of the complaint. For the reasons discussed below, the motion is granted in part and denied in part.

FACTS

The following facts are not in dispute, except as noted. The Fund, a multiemployer...

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