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GUZMAN v. BEVONA

No. 1367, Docket 95-9090.

90 F.3d 641 (1996)

Carlos GUZMAN, individually and on behalf of the members of Local 32B-32J of the Service Employees International Union, Plaintiff-Appellee, v. Gus BEVONA, individually and as President of Local 32B-32J, Service Employees International Union, Nicholas Alvarez, Joseph J. Baumann, John Bevona, Kyle Bragg, Stanley Busti, Ernesto Castro, Robert Currenti, Anthony DeJesus, Joseph Dumlao, Andrew Dunlea, Juan Goicoechea, Thomas Gray, Serge Jean-Jacques, Joseph LaRosa, Charles Lee, Peter Martin, Kevin McCullough, Yalmen Mergen, Donald Mumm, Marie Nurse, Anthony Poccio, Alonzo Ramirez, Woden Rodriguez, Danielle Sistrunk, John J. Sweeney and Colin Villacis, individually and as officers of and members of the Joint Executive Board of Local 32B-32J, Service Employees International Union, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 25, 1996.

Attorney(s) appearing for the Case

Irvin Rochman, Rochman, Platzer, Fallick, & Sternheim, New York City, Franklin K. Moss, New York City (Amy Trakinski, Jean Kelly, Spivak, Lipton, Watanabe, Spivak & Moss, on the brief), for defendants-appellants.

Wayne N. Outten, New York City (Jack A. Raisner, Teresa L. Scott, Lankenau Kovner & Kurtz, New York City, on the brief), for plaintiff-appellee.

Before: NEWMAN, Chief Judge, CABRANES, Circuit Judge, and CARTER, District Judge.

JON O. NEWMAN, Chief Judge:

This case presents several issues regarding the scope of liability of a union and its officers under the Labor-Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. § 401-531 (1994). Carlos Guzman brought suit on behalf of himself and his union, Local 32B-32J ("the Union"), against the defendants, all officers of the Union, after he discovered that the defendants had placed him under surveillance to determine whether his criticism...

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