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CARPENTERS FRINGE BENEFIT FUND OF ILLINOIS v. BI-STATE LOADING DOCK SPECIALISTS, INC.

No. 91-CV-870-WDS.

790 F.Supp. 1410 (1992)

CARPENTERS FRINGE BENEFIT FUND OF ILLINOIS, et al., Plaintiffs, v. BI-STATE LOADING DOCK SPECIALISTS, INC., Defendant.

United States District Court, S.D. Illinois.

March 25, 1992.

Attorney(s) appearing for the Case

Robert J. Sprague, Sprague & Sprague, Belleville, Ill., for plaintiffs.

Harold G. Belsheim, Jr., Pessin, Baird, Belsheim & Wells, Belleville, Ill., William W. Cody, Thomas A. Vierling, McMahon, Berger, Hanna, Linihan, Cody & McCarthy, St. Louis, Mo., for defendant.

MEMORANDUM AND ORDER

STIEHL, District Judge:

Before the Court is defendant's motion to dismiss plaintiffs' complaint. Plaintiffs' complaint is in two counts. Count I was filed pursuant to the Employee Retirement Income Security Act, 29 U.S.C. §§ 1132, 1145 (ERISA) alleging that defendant breached its obligation to make fringe benefit contributions under the terms of an alleged collective bargaining agreement. Count II alleges that defendant, by...

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