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F.H. KREAR & CO. v. NINETEEN NAMED TRUSTEES

No. 194, Docket 85-7206.

776 F.2d 1563 (1985)

F.H. KREAR & CO., a corporation, Plaintiff-Appellee, v. NINETEEN NAMED TRUSTEES, as Trustees of Local 69 Pension Fund, Local 69 Vacation Fund, and Local 69 Health Benefit Fund, et al., Defendants/Third Party Plaintiffs/Fourth Party Plaintiffs-Appellants, HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION PENSION FUND, et al., Defendants/Counterclaim Plaintiffs-Appellants, v. Anthony GRAUSO, individually and d/b/a Software & Systems Development Co., a partnership, Third Party Defendants-Appellees, Robert Mozer, Third Party Defendant, Fourth Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 18, 1985.

Attorney(s) appearing for the Case

Lewis M. Steel, New York City (Richard F. Belman, Steel & Bellman, P.C., Ira Drogin, Leaf Sternkar & Drogin, New York City, of counsel), for appellant Nineteen Named Trustees.

Douglas Kramer, New York City (Marilyn Go, Baden Kramer Huffman & Brodsky, P.C., Harvey M. Katz, New York City, of counsel), for plaintiff-appellee F.H. Krear & Co.

Michael G. Berger, New York City (Miriam J. Haines, of counsel), for third party defendant-appellee Grauso.

Before OAKES, NEWMAN and KEARSE, Circuit Judges.

PER CURIAM.

Defendants below ("Trustees") appeal from a judgment of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, entered in favor of plaintiff and third-party defendants in this breach of contract case. Because no final judgment has been entered in the district court, we dismiss the appeal.

F.H. Krear & Co. ("Krear") brought suit to recover for the damages it claims to have suffered through defendants...

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