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EMPIRE KOSHER POULTRY, INC. v. UNITED FOOD & COMMERCIAL WORKERS HEALTH AND WELFARE FUND

Civil Action No. 1:03-CV-1078.

285 F.Supp.2d 573 (2003)

EMPIRE KOSHER POULTRY, INC., Plaintiff, v. UNITED FOOD AND COMMERCIAL WORKERS HEALTH AND WELFARE FUND OF NORTHEASTERN PENNSYLVANIA, Defendant.

United States District Court, M.D. Pennsylvania.

September 26, 2003.

Attorney(s) appearing for the Case

Charles T. Young, Jr., Jonathan H. Rudd, McNees Wallace & Nurick, Harrisburg, PA, for Plaintiff.

Richardson Todd Eagen, Robert Mariani, P.C., Scranton, PA, for Defendant.

MEMORANDUM

CONNER, District Judge.

Presently before the court is a motion by defendant, United Food and Commercial Workers Health and Welfare Fund of Northeastern Pennsylvania ("United Fund"), seeking to dismiss the claims of plaintiff, Empire Kosher Poultry, Inc. ("Empire"), for restitution of amounts mistakenly paid to defendant under a contract between Empire and its employees' union. (Doc. 5). Empire alleges that United Fund, a multiemployer plan...

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