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ALBRADCO, INC. v. BEVONA

No. 90 Civ. 7846 (PKL).

788 F.Supp. 786 (1992)

ALBRADCO, INC. and Elias Strum, Plaintiffs, v. Gus BEVONA, as President of 32B-32J Service Employees International Union, AFL-CIO, and as Trustee of the Building Service 32B-J Health Fund and the Building Service 32B-J Pension Fund, 32B-32J Service Employees International Union, AFL-CIO, Building Service 32B-J Health Fund, and Building Service 32B-J Pension Fund, Defendants.

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

April 3, 1992.

Attorney(s) appearing for the Case

Graubard Mollen Horowitz Pomeranz & Shapiro (Steven Mallis, Barbara J. Romaine, Nancy R. Sills, of counsel), New York City, for plaintiffs.

Shea & Gould (Joseph Ferraro, Eve I. Klein, Richard A. Lafont, John K. Mara, Barry N. Saltzman, of counsel), New York City, for defendants.

ORDER AND OPINION

LEISURE, District Judge.

In this action, plaintiffs, Albradco, Inc. ("Albradco") and Elias Strum ("Strum") (collectively "declaratory plaintiffs"), now move the Court, pursuant to Fed.R.Civ.P. 56, for a declaratory judgment, pursuant to 28 U.S.C. §§ 2201-2202, declaring that N.Y.B.C.L. § 630 is preempted by section 514 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1144, or in the alternative...

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