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MORIN v. EMPIYAH & CO., LLC

No. 04 Civ. 3756(DC).

389 F.Supp.2d 506 (2005)

Patrick MORIN, as President of the Empire State Regional Council of Carpenters, and John Fuchs, Patrick Morin, Anthony MacAgnone, Michael Conroy, David Haines, Geoffrey James, James Malcolm, William MacChione, Walter Krupa, Alan Ehl, William Weitzman, Joseph Olivieri, Dale Stuhlmiller, Arthur Godsell, Robert Carlino, Paul J. O'Brien, Jr., Joseph Ganiro, Ross Pepe, Richard O'Beirne, and James Logan, as Trustees of the Empire State Carpenters Welfare, Pension, Vacation, Annuity, Scholarship, Labor-Management Cooperation, Apprentice-Training and Charitable Trust Funds, Plaintiffs, v. EMPIYAH & COMPANY, LLC and Gulf Insurance Company, Defendants.

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

September 28, 2005.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C. by John H. Byington III, Esq., Melville, NY, for Plaintiffs.

McElroy, Deutsch, Mulvaney & Carpenter, LLP by Michael McDermott, Esq., New York City, for Defendant Gulf Insurance Company.

OPINION

CHIN, District Judge.

This is an action for recovery of unpaid wages and benefits for carpentry work performed on the construction of a new clubhouse for the Stony Point Golf Club in Stony Point, New York. Plaintiffs brought claims against the contractor and its surety under the Labor Management Relations Act, 29 U.S.C. § 185, the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., and New York State Finance...

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