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SEARCY v. I.B.E.W., LOCAL 728 PENSION TRUST FUND

No. 87-6204-CIV.

685 F.Supp. 241 (1988)

Carl SEARCY, et al., Plaintiffs, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 728 PENSION TRUST FUND and Atlantic Electric Contractors, Inc., a Florida corporation, Defendants.

United States District Court, S.D. Florida, N.D.

May 9, 1988.

Attorney(s) appearing for the Case

Richard Haas, Pompano Beach, Fla., for plaintiffs.

Barry Lerner, Kaplan, Sicking & Bloom, P.A., Miami, Fla., for defendants.

AMENDED ORDER

GONZALEZ, District Judge.

THIS CAUSE has come before the court upon the Motion to Dismiss Plaintiffs' Second Amended Complaint filed by defendant International Brotherhood of Electrical Workers, Local 728 Pension Trust Fund (hereinafter "Trust"). The Trust moves to dismiss on the ground that plaintiffs are neither participants nor beneficiaries under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq...

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