Anthony M. LiPANI, Plaintiff-Appellant,
v.
BOHACK CORPORATION, Defendant-Appellee.
Robert LOESCH, Plaintiff-Appellant,
v.
BOHACK CORPORATION, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 17, 1976.
Decided December 6, 1976.
Attorney(s) appearing for the Case
Richard A. Olderman, Atty., Dept. of Justice, Washington, D.C. (Carla A. Hills, Asst. Atty. Gen., New York City, Rex E. Lee, Asst. Atty. Gen., Washington, D.C., David G. Trager, U.S. Atty., Eastern District of New York, Brooklyn, N.Y., Robert E. Kopp, Atty., Dept. of Justice, Washington, D.C., William J. Kilberg, Sol. of Labor, Harold C. Nystrom, Associate Sol., Donald S. Shire, Associate Sol., William H. Berger, Bobbye D. Spears, Sofia P. Peters, Attys., Dept. of Labor, Washington, D.C., on the briefs), for plaintiffs-appellants.
Jesse I. Levine, New York City (Shaw & Levine, New York City, and William M. Rifkin, New York City, on the brief), for defendant-appellee.
Before LUMBARD, FRIENDLY and MULLIGAN, Circuit Judges.
United States Court of Appeals, Second Circuit.
LUMBARD, Circuit Judge:
Plaintiffs-appellants appeal from the judgment of the Eastern District, reported at 368 F.Supp. 282 (E.D.N.Y.1973), in which Judge Bartels granted defendant's motion for summary judgment. Appellants raise two claims on appeal: first, that the district court erred in concluding that vacation and sick leave benefits as provided by the collective bargaining agreement were not perquisites of seniority protected...
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