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UNITED BROTH. OF CARPENTERS v. U.S. FIDELITY

Nos. 97-7205, 97-7235.

154 F.3d 52 (1998)

LOCAL 538 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA; Northern New England District Council of Carpenters; Local 522 Laborers' International Union of North America; Maine, New Hampshire and Vermont Laborers' District Council; Bryan Bouchard, as he is Trustee, Carpenters' Health & Welfare and Pension Fund; Beth Sturtevant, as she is Trustee, Carpenters' Apprenticeships and Training Fund; David P. Dow, as he is Trustee, Carpenters' Annuity Fund; Nicholas Bonfiglio, as he is Trustee, Massachusetts Laborers' Health and Welfare Fund; Louis Mandarini, as he is Trustee, Massachusetts Laborer's Pension Fund; Charles Bonfiglio, as he is Trustee, Massachusetts Laborer's Annuity Fund; James Merloni, Jr., as he is Trustee, Massachusetts Laborers' Legal Services Fund; Paul McNally, as he is Trustee, New England Laborers' Training Trust Fund, Plaintiffs-Appellees-Cross-Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 31, 1998.

Attorney(s) appearing for the Case

Susan M. Goldfischer, Boston, MA (Vena & Riley, Boston, MA, on the brief), for Defendant-Appellant-Cross-Appellee.

Anne R. Sills (Segal, Roitman & Colemen, Boston, MA), Jeffrey Neil Young (McTeague, Higbee, MacAdam, Case, Watson & Cohen, Topsham, ME), and Gordon C. Gebauer (Saxer, Anderson, Wolinsky & Sunshine, Burlington, VT, of counsel), for Plaintiffs-Appellees-Cross-Appellants.

Before: VAN GRAAFEILAND, JACOBS and LAY, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This action was brought by several labor union locals (the "unions") against an employer's surety to collect union dues and contributions to employee benefit funds that had been withheld by the employer. The United States District Court for the District of Vermont (Parker, C.J.) granted summary judgment in favor of the unions and both parties appealed. Without reaching the merits, this Court...

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