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GREENBLATT v. DELTA PLUMBING & HEATING CORP.

Nos. 1079, 1215, Dockets 94-7826, 94-7866.

68 F.3d 561 (1995)

William GREENBLATT, as Chairman and Trustee of the Joint Industry Board of the Plumbing Industry of the City of New York and Funds Administered by Joint Industry Board of the Plumbing Industry of the City of New York; Peter N. Salzarulo, Co-Chairman and Trustee of the Joint Industry Board of the Plumbing Industry of the City of New York and Funds Administered by Joint Industry Board of the Plumbing Industry of the City of New York; and in his capacity as President of Local Union No. 2 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO; and Individually; Local Union No. 2 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Plaintiffs-Appellees-Cross-Appellants, v. DELTA PLUMBING & HEATING CORP., Defendant, and New York Surety Co., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 13, 1995.

Attorney(s) appearing for the Case

Joseph S. Kaming, Kaming & Kaming, New York City (Elizabeth C. Kaming and Sean O'Donnell, of counsel) for Plaintiffs-Appellees-Cross-Appellants.

Michael R. Strauss, Hollander & Associates, New York City (Lewis S. Calderon, of counsel) for Defendant-Appellant-Cross-Appellee New York Surety.

Before: WALKER, JACOBS, and CALABRESI, Circuit Judges.

WALKER, Circuit Judge:

Defendant New York Surety appeals from a judgment, following a bench trial, of the United States District Court for the Southern District of New York (Robert W. Sweet, District Judge) awarding $50,638.86 plus interest and costs to plaintiffs. Greenblatt v. Delta Plumbing & Heating Corp., 849 F.Supp. 247, 251 (S.D.N.Y.1994); Greenblatt v. Delta Plumbing & Heating Corp.,

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