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LOPRESTI v. TERWILLIGER

No. 672, Docket 96-9693.

126 F.3d 34 (1997)

Patrick LOPRESTI, as Trustee of the Pension Fund of Local One, Amalgamated Lithographers of America, as Trustee of the Sickness & Accident Fund of Local One, Amalgamated Lithographers of America, and as President of Local One, Amalgamated Lithographers of America, Plaintiff-Appellant, Richard Boesch; Marcos Bonilla; William Capone; Louis Chiacchiaro; John Churchill; Henry Christadoro; Joseph Currao; Joseph D'Agostino; Johnny Gonzalez; Anthony Grotto; Dennis Larkin; John Lazarus; Robert Lepore; Martin Mizrachi; Alfred Natale; Milton Nazario; Gerald Pizzo; Joseph Ressa; Vincent Rice; Daniel Romano; Leonard Sannicandro; Thomas Scaglione; Daniel Scavetta; Anthony Scott; James Seaman; Anthony Wetzel; Plaintiffs, v. John TERWILLIGER; Donald L. Terwilliger, III, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 12, 1997.

Attorney(s) appearing for the Case

Ira S. Cure, Kennedy, Schwartz & Cure, New York City, for Plaintiff-Appellant.

Gail Ann Perry, Trial Attorney, U.S. Department of Labor, for Secretary of Labor as Amicus Curiae in Support of Plaintiff-Appellant, Washington, D.C.

David M. Richman, New York City, for Defendants-Appellees.

Before: CALABRESI and PARKER, Circuit Judges, and McCURN, District Judge.

McCURN, District Judge:

Pursuant to a collective bargaining agreement between a commercial printing firm, the D.L. Terwilliger Co., Inc. ("the Company"), and Local One, Amalgamated Lithographers of America ("the Union"), the Company had an obligation to deduct from its employees' paychecks contributions which, in turn, it was to forward to the Union's pension fund and Sickness & Accident Fund (collectively, "the Funds...

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