Carter

MEMORANDUM OF OPINION AND ORDER

This is an action to recover contributions made by the plaintiff employer to two employee trust funds, the CMTA-Molders & Allied Workers Health & Welfare Trust and the CMTA-Molders & Allied Workers Pension Trust (hereafter “the Trust Funds”). The Court has jurisdiction under Section 302 of the Labor Management Relations Act of 1947 (“the LMRA”) ( 29 U.S.C. § 186 (e)). The parties have filed cross-motions for summary judgment. The Court concludes that no material facts are in dispute and that defendants are entitled to judgment as a matter of law.

Plaintiff John R. Carter is the owner of Bay City Foundry Co. which makes sand castings of engineering parts. Bay City is a sole proprietorship. In November, 1973, Carter acquired the assets of Bay City from George Romero. Romero had entered into a collective bargaining agreement with Local 164 of the Molders and Allied Workers Union, AFL-CIO, some years earlier. He had also executed two agreements under which he became a contributing employer and subscriber of the two Trust Funds. Romero made regular contributions to the Trust Funds in accordance with the terms of the agreements until he sold the…