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U.S. v. MASON TENDERS DIST. COUNCIL OF GREATER NY

No. 94 Civ. 6487 (RWS).

909 F.Supp. 882 (1995)

UNITED STATES of America and Robert B. Reich, Secretary of the United States Department of Labor, Plaintiffs, v. MASON TENDERS DISTRICT COUNCIL OF GREATER NEW YORK, et al., Defendants.

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

Order Denying Reconsideration August 18, 1995.

Attorney(s) appearing for the Case

Mary Jo White, U.S. Atty., S.D.N.Y. (Allan N. Taffet, Manvin S. Mayell, Aimee B. Wolfson, of counsel), New York City, for U.S.

Dominic F. Amorosa, New York City, for James Lupo.

Andrew M. Lawler, P.C. (Andrew M. Lawler, Maurice M. McDermott, of counsel), New York City, for Joseph Fater.

OPINION

SWEET, District Judge.

Plaintiffs, the United States of America and Robert B. Reich, Secretary of the United States Department of Labor (collectively the "Government") moved for an order pursuant to Rule 56, Fed.R.Civ.P., granting them partial summary judgment on Claim V against defendants James Lupo ("Lupo") and Joseph Fater ("Fater"), and Claim VII (against Fater), which charge ERISA violations based on the Pension and Welfare Funds' purchase...

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