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BUSACCA v. EXCAVATING, BLDG. MATERIAL DRIVERS UNION

No. 1:95 CV 1690.

953 F.Supp. 867 (1996)

Salvatore I. BUSACCA, Plaintiff v. EXCAVATING, BUILDING MATERIAL AND CONSTRUCTION DRIVERS UNION LOCAL 436 WELFARE FUND BOARD OF TRUSTEES, Defendants.

United States District Court, N.D. Ohio, Eastern Division.

December 13, 1996.

Attorney(s) appearing for the Case

Frank Consolo, Cleveland, Ohio, for plaintiff.

David A. Jesse, John M. Masters, Martha M. Young, and Joseph M. D'Angelo, Cleveland, Ohio, for defendants.

MEMORANDUM OF OPINION AND ORDER

NUGENT, District Judge.

This matter comes before the Court on the Motions of Defendants to Dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(1) (Document # 12) and For Summary Judgment pursuant to Fed.R.Civ. 56 (Document # 13). For the reasons stated below, Defendants' Motion to Dismiss (Document # 12) is DENIED and Defendants' Motion for Summary Judgment (Document # 13) is...

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