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MCCOY v. BOARD OF TRUSTEES OF LABORERS' INTERN.

Civil Action No. 00-1481.

188 F.Supp.2d 461 (2002)

Willie J. McCOY, Plaintiff, v. BOARD OF TRUSTEES OF THE LABORERS' INTERNATIONAL UNION, LOCAL NO. 222 PENSION PLAN; Laborers' International Union, Local No. 222 Pension Plan; Laborers' International Union, Local No. 222; Edward Harris; Oliver G. Glass; New Jersey Building Laborers Statewide Pension Fund; X, Y, Z Corporations (1-10); A, B, C Plan Sponsors or Administrators (1-10), Defendants.

United States District Court, D. New Jersey.

February 26, 2002.

Attorney(s) appearing for the Case

William B. Hildebrand, Feldman, Hildebrand & Blaker, L.L.C., Cherry Hill, NJ, for Plaintiff, Willie J. McCoy.

Mark E. Belland, Steven J. Bushinsky, Tomar O'Brien Kaplan Jacoby & Graziano, Cherry Hill, NJ, for Defendants, Board of Trustees of the Laborers' International Union, Local No. 222 Pension Plan, Laborers' International Union, Local No. 222 Pension Plan, Laborers' International Union, Local No. 222, Edward Harris; Oliver G. Glass.

OPINION

ORLOFSKY, District Judge.

I. INTRODUCTION

A good actor, it is often said, must have good timing. If this case is any indication, the Defendants, a Pension Benefit Plan and its Trustees, are bad actors. By raising the Plaintiff's alleged failure to exhaust his administrative remedies under the Plan for the first time in their Cross Motion for Summary Judgment, the Defendants force me to determine...

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