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TRUSTEES OF HEALTH & WELFARE v. SCHLESINGER BROS.

No. 95 Civ. 0119 (HB).

931 F.Supp. 204 (1996)

The TRUSTEES OF the HEALTH AND WELFARE AND THE PENSION FUNDS Of THE FOUR JOINT BOARDS and Esther Maiese, Plaintiffs, v. SCHLESINGER BROTHERS, INC. and The International Leather Goods, Plastics, Novelty and Service Workers Union, Defendants.

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

June 20, 1996.

Attorney(s) appearing for the Case

David R. Wise, Steve Ehlers, Gellert & Cutler, Poughkeepsie, New York, for plaintiffs.

Dennis J. Alessi, Fox and Fox, Newark, New Jersey, for defendant Schlesinger Brothers, Inc.

Sara A. Corello, Spivak, Lipton, Watanabe, Spivak & Moss, New York City, for defendant Int'l. Leather Goods.

BAER, District Judge.

Plaintiffs, Trustees of the Health and Welfare and Pension Funds of the Four Joint Boards and Esther Maiese, filed this action pursuant to ERISA § 404(a)(1), 29 U.S.C. § 1104(a)(1) and LMRA § 301. Defendant employer Schlesinger Brothers, Inc. ("Schlesinger") and defendant union International Leather Goods, Plastics, Novelty and Service Workers Union (the "International") filed motions to dismiss. Schlesinger moves to dismiss the...

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