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LOCAL 8A-28A WELFARE AND 401(K) RETIREMENT FUNDS v. GOLDEN EAGLES ARCHITECTURAL METAL CLEANING AND REFINISHING

No. 02 Civ.9723 RWS.

277 F.Supp.2d 291 (2003)

LOCAL 8A-28A WELFARE AND 401(K) RETIREMENT FUNDS, by their Trustees: Joseph Perez, Hector Lopez, Rubin Socastro, Thomas Hodgson, Douglas Golan, Richard Croll, Michelle Bodnar, Laura Foster and Robert Fabrizio, Plaintiffs, v. GOLDEN EAGLES ARCHITECTURAL METAL CLEANING AND REFINISHING, an Illinois Corporation, Defendant.

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

August 7, 2003.

Attorney(s) appearing for the Case

Roger H. Madon and Associates, New York, NY (Roger H. Madon, of counsel), for plaintiffs.

Steven T. Kiousis & Associates, Southfield, MI (Steven T. Kiousis, of counsel), for defendant.

OPINION

SWEET, District Judge.

Defendant Golden Eagles Architectural Metal Cleaning and Refinishing ("Golden Eagles") has moved pursuant to Rules 12(b)(2), 12(b)(3), and 12(b)(6) to dismiss the complaint of plaintiffs Local 8A-28A Welfare and 401(k) Retirement Funds ("Local 8A-28A Funds"), which alleges the violation of Section 515 of the Employment Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1145, and of the collective...

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