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ALFARONE v. BERNIE WOLFF CONST. CORP.

Nos. 867, 892 and 893, Dockets 85-7899, 85-7901 and 85-7997.

788 F.2d 76 (1986)

John ALFARONE, Joseph Giordano, and Brian Gordon, as Trustees of the Tapers Industry Insurance Fund and of the Tapers Industry Annuity Fund, Daniel Jones individually and as a participant in the Tapers Industry Insurance and Annuity Funds, and on behalf of all other persons who are, will be, or have at any time since July 1, 1980 been participants or beneficiaries in the said funds, similarly situated, and Union Appointed Trustees of the Tapers Industry and Annuity Funds, Plaintiffs-Appellants, v. BERNIE WOLFF CONSTRUCTION CORP., Employer Trustees of the Tapers Industry Insurance and Annuity Funds, Component Assembly Inc., Natasi-White, Inc., Circle Industries Corp., and Quick-Way Finishers Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 14, 1986.

Attorney(s) appearing for the Case

Hall & Sloan, New York City (Burton H. Hall, New York City, of counsel), for appellants.

Avram H. Schreiber, New York City, for appellee, employer trustees.

Kronish, Lieb, Shainswit, Weiner & Hellman, New York City (Brian J. Gallagher, New York City, of counsel), for appellee, Bernie Wolff Const. Corp.

Ruskin, Schlissel, Moscou, Evans & Faltischek, P.C., New York City (Richard Guy Leland, Mineola, N.Y., of counsel), for appellee, Component Assembly, Inc.

Albanese, Albanese & Fiore, Garden City, N.Y., for appellees, Nastasi-White, Inc., and Circle Industries Corp.

Before KEARSE and CARDAMONE, Circuit Judges, and POLLACK, Senior District Judge.

MILTON POLLACK, Senior District Judge:

This litigation involves three actions brought by union-appointed trustees of the Tapers Industry Insurance Fund and the Tapers Industry Annuity Fund (the Funds), and by a participant and beneficiary of the Funds claiming individually and on behalf of others similarly situated, to recover fringe benefit contributions and liquidated damages allegedly due the Funds from employers. Plaintiffs also claim that the employer-appointed...

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