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EKLECCO v. IRON WORKERS, UNION SEC. FUNDS

No. 1014, Docket 98-7688.

170 F.3d 353 (1999)

EKLECCO, a New York Partnership, Petitioner-Appellee, v. IRON WORKERS LOCALS 40, 361, & 417 UNION SECURITY FUNDS, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 22, 1999.

Attorney(s) appearing for the Case

Henry N. Christensen, Jr., Goshen, NY (Norton & Christensen, on the brief), for Petitioner-Appellee.

Denis A. Engel, Garden City, NY (Colleran, O'Hara & Mills, on the brief), for Respondent-Appellant.

Before: JACOBS, LEVAL, and SOTOMAYOR, Circuit Judges.

JACOBS, Circuit Judge:

Following a dispute in which a real estate developer (EklecCo) fired its building contractor (U.S. Bridge of New York, Inc.), the contractor placed a $13 million mechanic's lien on the building premises, defaulted on its obligations to a group of union security funds ("the Funds"), and cured its default in whole or part by assigning to the Funds $1.75 million of its lien. The Funds thereupon filed a...

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