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TRUSTEES OF HEALTH BEN. TRUST v. LILLARD & CLARK CONSTR. CO.

Civ. A. No. 90-F-507.

780 F.Supp. 738 (1990)

TRUSTEES OF the CARPENTERS AND MILLWRIGHTS HEALTH BENEFIT TRUST FUND, Trustees of the Centennial State Carpenters Pension Trust Fund, Trustees of the Colorado Carpenters and Millwrights Vacation Trust Fund, and Trustees of the Colorado Carpenters Joint Apprenticeship Trust Fund, Plaintiffs, v. LILLARD & CLARK CONSTRUCTION COMPANY, INC., a Colorado Corporation, and United States Fidelity and Guaranty Company, a Maryland Corporation, Defendants.

United States District Court, D. Colorado.

November 27, 1990.

Attorney(s) appearing for the Case

Timothy J. Parsons, David B. Seserman, Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., for plaintiffs.

Kate Raabe, Stettner, Miller & Cohn, P.C., Denver, Colo., for defendants.

ORDER

SHERMAN G. FINESILVER, Chief Judge.

THIS MATTER comes before the court on defendants' Motion to Dismiss, filed October 9, 1990. For reasons stated below, the Motion is denied.

I.

Plaintiffs in this matter are the trustees of several multiemployer employee benefit plans. Defendant Lillard & Clark Construction Company is a Colorado corporation engaged in the construction business. Defendant United States Fidelity & Guaranty...

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