District Court, S.D. New York June 5, 2001, 00 CIV. 2458(CM) (Trustees of the Bricklayers v. Charles T. Driscoll Masonry Restoration Co.)

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS’ AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

MCMAHON, District Judge.

Plaintiffs Trustees of the Bricklayers and Allied Craftworkers (“Trustees”), Local 5 New York Retirement, Welfare, Apprenticeship Training and Journeymen Upgrading and Labor-Management Coalition Funds (“the Funds”), and Bricklayers and Allied Craftworkers, Local 5 New