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INTERN. UNION OF BRICKLAYERS & CRAFTSMEN v. GALLANTE

No. 94 Civ. 3061 (WCC).

938 F.Supp. 196 (1996)

INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTSMEN, International Union of Bricklayers and Allied Craftsmen Local No. 5, Emil A. Parietti, Jr., Richard O'Beirne, George Frank, John Parietti, Manuel Valente and Philip Mosca, as Trustees of the Hudson Valley District Council Bricklayers and Allied Craftsmen Joint Benefit Funds, Plaintiffs, v. Andrew GALLANTE, Sr., Michael Cavallaro, Salvatore Mauro and Roderick Cifferi, III, Individually and as Fiduciaries of the Hudson Valley District Council Bricklayers and Allied Craftsmen Joint Benefit Funds and Hudson Valley District Council Bricklayers and Allied Craftsmen Joint Benefit Funds, Defendants.

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

September 4, 1996.

Attorney(s) appearing for the Case

Rider, Weiner, Frankel & Calhelha, P.C., Newburgh, NY (Moacyr R. Calhelha, of counsel), for Plaintiffs Local No. 5, Emil A. Parietti, Jr. and John Parietti.

Gellert & Cutler, P.C., Poughkeepsie, NY (Stephen E. Ehlers, of counsel), for Defendants.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Currently pending before this court are plaintiffs' motion for reconsideration of a portion of this court's Opinion and Order dated January 30, 1996 ("January Opinion"), defendants' motion to dismiss the complaint and defendants' application for an order directing plaintiffs' counsel to provide an accounting of attorneys' fees and costs and to pay certain funds to the International Union...

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