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PENSION FUND-MID-JERSEY TRUCKING v. OMNI FUNDING

Civ. No. 84-4320 (CSF).

687 F.Supp. 962 (1988)

PENSION FUND-MID-JERSEY TRUCKING INDUSTRY, et al., Plaintiffs, v. OMNI FUNDING GROUP, Defendant.

United States District Court, D. New Jersey.

June 28, 1988.

Attorney(s) appearing for the Case

Wilentz, Goldman & Spitzer by Frederic K. Becker, Roger B. Kaplan, Woodbridge, N.J., for plaintiffs.

Sills, Beck, Cummis, Zuckerman, Radin & Tischman by Thomas J. Demski, Newark, N.J., for defendant Southeast Bank, N.A.

Dickson, Creighton & Lowenstein, P.A. by Roger A. Lowenstein, Hoboken, N.J., for defendant Susan Howard-Zauber.

OPINION

CLARKSON S. FISHER, District Judge.

Before the court is a motion to dismiss the action brought by defendant Susan Howard-Zauber. Specifically, Howard-Zauber seeks dismissal of the RICO claims based on the statute of limitations, dismissal of Count 19 based on the three-year ERISA statute of limitations and dismissal of the fraud count as a matter of law.

This court has previously addressed similar motions in this case, and the court's opinion...

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