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ILGWU NAT. RETIREMENT FUND v. SMART MODES OF CAL.

No. 88 Civ. 3212 (RPP).

735 F.Supp. 103 (1990)

ILGWU NATIONAL RETIREMENT FUND, Irwin Solomon and Joseph Moore, Plaintiffs, v. SMART MODES OF CAL., INC. d/b/a Madison 7, Defendants.

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

April 12, 1990.

Attorney(s) appearing for the Case

Milgrim Thomajan & Lee by Marc E. Richards, Sara L. Chenetz, New York City, for plaintiffs.

Faust Rabbach & Stanger by David Rabbach, Anthony Cheh, New York City, for defendants.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiffs ILGWU National Retirement Fund ("Fund") and two of its trustees move for summary judgment pursuant to Federal Rule of Civil Procedure 56 on its claim against defendant Smart Modes of Ca., Inc d/b/a Madison 7 ("Smart Modes") for withdrawal liability allegedly due under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., as amended...

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