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DIDUCK v. KASZYCKI & SONS CONTRACTORS, INC.

No. 729, Docket 88-7882.

874 F.2d 912 (1989)

Harry J. DIDUCK, individually and as a participant in the Local 94 Insurance Trust Fund and the Local 95 Pension Fund, and on behalf of all other persons who are, will be, or have at any time since January 1980 been participants in the Funds, similarly situated, Plaintiffs-Appellants, v. KASZYCKI & SONS CONTRACTORS, INC.; William Kaszycki; John Senyshyn; Trump-Equitable Fifth Avenue Company; Donald J. Trump; Donald J. Trump d/b/a the Trump Organization; the Equitable Life Assurance Society of the United States; and the Trustees of the House Wreckers Union Local 95 Insurance Trust Fund and of the House Wreckers Union Local 95 Pension Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Wendy E. Sloan, Burton H. Hall, New York City (Hall & Sloan, New York City, on the brief), for plaintiffs-appellees Harry J. Diduck.

Robert Wang, New York City (Hendler, Murray & Mait, New York City, on the brief), for defendant-appellee John Senyshyn.

Arthur N. Lambert, Kenneth L. Aron, New York City (Lambert & Weiss, New York City, on the brief), for defendants-appellees Trustees.

Milton S. Gould, Fran M. Jacobs, New York City (Shea & Gould, New York City, on the brief), for defendants-appellees Trump.

Before VAN GRAAFEILAND and CARDAMONE, Circuit Judges, and SWEET, District Judge.

SWEET, District Judge:

Plaintiff Harry J. Diduck ("Diduck") has appealed from summary judgment dismissing his complaint against several parties that he alleges are liable for contributions an insolvent demolition contractor failed to make to pension and insurance funds of which Diduck is a beneficiary. In dismissing Diduck's complaint, the Honorable Charles E. Stewart held that Diduck lacked standing to sue derivatively on behalf of the pension and insurance funds...

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