RXDC, Inc. v. Oil, Chemical & Atomic Workers Union-Industry Pension Fund

MEMORANDUM OPINION AND ORDER

SPARR, District Judge.

THIS MATTER comes before the Court on cross-motions for summary judgment. Plaintiff’s motion for summary judgment was filed August 31, 1990. The Defendant filed its response in opposition to Plaintiff’s motion and brief in support of its cross-motion for summary judgment on October 23, 1990. Reply briefs and supplemental documents were also submitted. Also pending before this court is Defendant’s motion for interim payment. This motion will be decided in conjunction with the disposition of the summary judgment motions.

I. The Complaint

This is…