PHILIPPINES, MICRONESIA & ORIENT NAVIGATION COMPANY, Plaintiff-Appellant,
v.
NYSA-ILA PENSION TRUST FUND, The Board of Trustees of the NYSA-ILA Pension Trust Fund, the New York Shipping Association, The NYSA-ILA Fringe Benefit Escrow Fund, The International Longshoremen's Association (AFL-CIO), Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 23, 1990.
Decided July 11, 1990.
Attorney(s) appearing for the Case
Peter M. Panken, New York City (John K. Diviney, Stacey B. Babson, Parker Chapin Flattau & Klimpl, New York City, of counsel), for plaintiff-appellant.
Kevin Marrinan, New York City (Thomas W. Gleason and Ernest L. Mathews, Jr., New York City, of counsel), for defendant-appellee International Longshoremen's Ass'n (AFL-CIO), and co-counsel to defendants-appellees NYSA-ILA Pension Trust Fund and its Bd. of Trustees, and NYSA-ILA Fringe Benefits Escrow Fund.
C. Peter Lambos, Donato Caruso, (Nicholas G. Maglaras, William M. Spelman, Jr., Lambos & Giardino, New York City, of counsel), for defendant-appellee New York Shipping Ass'n, Inc., and co-counsel to defendants-appellees NYSA-ILA Pension Trust Fund and its Bd. of Trustees, and NYSA-ILA Fringe Benefits Escrow Fund.
Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
Philippines, Micronesia & Orient Navigation Company ("PM & O"), a maritime carrier, appeals from a summary judgment of the United States District Court for the Southern District of New York (Cannella, J.) dismissing its action for a declaratory judgment and the refund of assessments paid to the NYSA-ILA Pension Trust Fund. PM & O sought a judicial declaration that it was not an "employer" of employee...
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