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NORTHWESTERN OHIO ADM'RS v. S.E.A. BUILDERS

No. 3:99CV7406.

183 F.Supp.2d 991 (2002)

NORTHWESTERN OHIO ADM'RS, INC., Plaintiff v. S.E.A. BUILDERS CORP., et al., Defendants

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

January 2, 2002.

Attorney(s) appearing for the Case

James H. O'Doherty, Robert A. Koenig, Thomas P. Dillon, Shumaker, Loop & Kendrick, Toledo, OH, for Northwestern Ohio Administrators, Inc., Plaintiffs.

Charles P. Baither, III, Robison, Curphey & O'Connell, Toledo, OH, for S.E.A. Builders Corp., defendant.

Margaret Mattimoe Sturgeon, Eastman & Smith, Toledo, OH, Patrick J Johnson, Eastman & Smith, Toledo, for Deke Enterprises, defendant.

ORDER

CARR, District Judge.

This is an ERISA action to collect contributions due to a union-management welfare plan. In a prior decision, I upheld an "evergreen" provision between the plaintiff, Northwestern Ohio Administrators, Inc. (NOA) and the defendant S.E.A. Builders Corporation (SEA). NOA claims that the monies owed to it as a result of that prior decision can be recovered from the defendant Deke Enterprises (Deke), which is owned by the owners of...

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