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TRUSTEES OF INTERN. BROTH. v. MIELE SANITATION

No. 02 CIV. 1040(LAK).

190 F.Supp.2d 625 (2002)

TRUSTEES OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 531 SICK AND WELFARE FUND and Pre-Paid Legal Fund, et ano., Plaintiffs, v. MIELE SANITATION CO. N.Y. INC. and Miele Sanitation Company, Defendants.

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

March 14, 2002.

Attorney(s) appearing for the Case

Barry I. Levy, Elan R. Kandel, Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox LLP, New York City, for Plaintiffs.

Donald S. Tracy, Tracy & Edwards, New York City, for Defendants.

MEMORANDUM OPINION

KAPLAN, District Judge.

This matter is before the Court on plaintiffs' motion for a mandatory preliminary injunction requiring defendants to submit to an audit, allegedly pursuant to a collective bargaining agreement ("CBA").

Facts

The defendants in this case are Miele Sanitation Company, a New Jersey corporation ("MSC"), and Miele Sanitation Co. N.Y. Inc., a New York corporation ("MSC NY").

In 1955, MSC...

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