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NIAGARA-GENESEE CRPNTRS. v. UNITED BR. OF CRPNTRS.

No. 93-CV-982C.

859 F.Supp. 65 (1994)

NIAGARA-GENESEE & VICINITY CARPENTERS LOCAL 280; Salvatore J. La Scala and Douglas A. Janese, individually and as President and Recording Secretary of Local 280, respectfully, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund; Ronald D. Tower, Russel A. Colosi, Patrick M. Carmody, Tobin J. Gormley and Christopher Shakarjian, individually and as Warden, Conductor, and Trustees of Local 280, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Pension Fund; and Salvatore J. De Marco and John C. Lunney, individually and as Trustee and Trustee Pro-Tem of Local 280, and Richard J. Marino, Plaintiffs, v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; Sigard Lucassen, Salvatore A. Pelliccio, William Smith, and Kevin A. Thompson, individually and as General President and representatives of the United Brotherhood; Santo S. Scrufari, individually and as Plan Manager of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds; Gordon J. Knapp, David Fay, and Richard L. Covatta, individually and as Business Manager, Vice-President and Financial Secretary of Local 280, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund; and Kenneth E. Baggett, Daniel Fay, John B. Jones, David Knapp, Michael O'Brien, Christopher M. Scrufari, Rocco A. Sidari, Robert Williams, and John Woodley, Defendants.

United States District Court, W.D. New York.

July 25, 1994.

Attorney(s) appearing for the Case

Burd & McCarthy (Timothy A. McCarthy, of counsel), Buffalo, NY, for plaintiffs.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria (Eugene W. Salisbury, of counsel), Buffalo, NY, for defendants Santo Scrufari and Gordon Knapp.

DECISION AND ORDER

CURTIN, District Judge.

This case involves an internecine feud between two factions of the membership of Niagara-Genesee & Vicinity Carpenters Local 280 ("Local 280"), over control of Local 280 and consequent union representation on the board of trustees of the Local 280 Welfare and Pension Funds ("the Funds"). On December 13, 1993, a complaint was filed alleging, inter alia, that on October 19, 1993, certain of the plaintiffs...

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