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NEWSPAPER & MAIL DELIVERERS' v. UNITED MAGAZINE

No. CV 92-0449 (ADS).

809 F.Supp. 185 (1992)

NEWSPAPER AND MAIL DELIVERERS' UNION OF NEW YORK AND VICINITY, Robert Paletta and Barbara Kalish, as Trustees of the Publishers'-Newspaper and Mail Deliverers' Welfare Fund and the Newspaper and Mail Deliverers'-Publishers Pension Fund, Plaintiffs, v. UNITED MAGAZINE COMPANY, Yankee News Co., Inc., Ronald E. Scherer, Magazine Distributors, Inc., MDI Distributors, Limited Partnership and Robert B. Cohen, Defendants.

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

November 27, 1992.

Attorney(s) appearing for the Case

O'Connor & Mangan, P.C. by J. Warren Mangan, Long Island City, NY, for plaintiffs.

David A. Mortman, P.C. by Johan de Muinck Keizer, New York City, for defendants Magazine Distributors, Inc., MDI Distributors, Ltd. Partnership, and Robert B. Cohen

Townley & Updike by John D. Canoni, Christopher D'Angelo, New York City, for defendants United Magazine Co. and Ronald E. Scherer.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

In a case of apparent first impression, the Court must determine the applicable statute of limitations for the Worker Adjustment and Retraining Notification Act of 1988 ("WARN"). The underlying action was commenced pursuant to WARN and the Employee Retirement Income Security Act ("ERISA") seeking damages as a result of the allegedly improper closing of a place of business in Melville, New York ("Melville...

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