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BOARD OF TRUSTEES TRUCKING EMP. v. CANNY

No. 94-CV-1336.

876 F.Supp. 14 (1995)

BOARD OF TRUSTEES OF TRUCKING EMPLOYEES OF NORTH JERSEY WELFARE FUND, INC. — PENSION FUND, Plaintiff, v. William A. CANNY, et al., Defendants.

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

February 11, 1995.

Attorney(s) appearing for the Case

Roberto Law Firm, Philadelphia, PA (Elizabeth Roberto, of counsel), for plaintiff.

Edward F. Crumb, Binghamton, NY, for defendants William Canny and Dorothy Conlon.

Pemberton, Briggs Law Firm, Schenectady, NY (Paul Briggs, of counsel), for defendants Joseph Canny and Barbara Briggs.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

Presently before the Court are two motions made returnable December 23, 1994. The first motion is brought by defendants William Canny and Dorothy Conlon for dismissal of the complaint pursuant to Fed. R.Civ.P. 12(b)(5) and (6). The second motion is brought by the plaintiff against all the defendants, excepting defendant Joseph Fletcher, for summary judgment made pursuant to Fed.R.Civ.P. 56.

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