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TRUSTEES OF THE CEMENT MASONS PENSION FUND v. EVANS CONSTRUCTION/CONSULTING LLC

No. 09 C 2857.

TRUSTEES OF THE CEMENT MASONS PENSION FUND, LOCAL 502, TRUSTEES OF THE CEMENT MASONS INSTITUTE OF CHICAGO, ILLINOIS, TRUSTEES OF THE CEMENT MASONS SAVINGS FUND, LOCAL 502, and TRUSTEES OF THE CEMENT MASONS APPRENTICE EDUCATION AND TRAINING FUND, LOCAL 502, and TRUSTEES OF THE CEMENT MASONS PENSION FUND, LOCAL 803, TRUSTEES OF THE CEMENT MASONS INSTITUTE OF CHICAGO, ILLINOIS; TRUSTEES OF THE CEMENT MASONS SAVINGS FUND, LOCAL 803; and TRUSTEES OF THE CEMENT MASONS APPRENTICE EDUCATION AND TRAINING FUND, LOCAL 803, Plaintiffs, v. EVANS CONSTRUCTION/CONSULTING LLC, EVANS CONSTRUCTION SERVICES (1555 South Wabash Project) LLC, EVANS CONSTRUCTION SERVICES (10 East Delaware Project), LLC, EVANS CONSTRUCTION SERVICE (110 West Superior Project), LLC and EVANS CONSTRUCTION SERVICES (303 West Ohio Project), LLC, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

August 12, 2009.

MEMORANDUM OPINION

CHARLES P. KOCORAS, District Judge.

This matter comes before the court on a motion to dismiss the Plaintiff Trustees of the Cement Masons Pension Fund, Local 502 and Local 803 ("Trustees")'s complaint pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction. For the following reasons, the motion is denied.

BACKGROUND

In a separate case filed on September 30, 2008, the Trustees sued Millennium Concrete...

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