District Court, S.D. New York August 7, 2003, 02 Civ.9723 RWS (Local 8A-28A Welfare and 401 (K) Retirement Funds v. Golden Eagles Architectural Metal Cleaning and Refinishing)

OPINION

SWEET, District Judge.

Defendant Golden Eagles Architectural Metal Cleaning and Refinishing (“Golden Eagles”) has moved pursuant to Rules 12(b)(2), 12(b)(8), 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