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DIDUCK v. KASZYCKI & SONS CONTRACTORS, INC.

Nos. 805, 806 and 807, Dockets 91-7618, 91-7642 and 91-7644.

974 F.2d 270 (1992)

Harry J. DIDUCK, individually and as a participant in the Local 95 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 1, 1980 been participants or beneficiaries in the Funds, similarly situated, Plaintiff-Appellant-Cross-Appellee, v. KASZYCKI & SONS CONTRACTORS, INC.; William Kaszycki; and Trustees House Wreckers Union Local 95 Insurance Trust Fund and House Wreckers Union Local 95 Pension Fund, Defendants-Appellees, John Senyshyn; Trump-Equitable Fifth Avenue Company; Donald J. Trump, doing business as The Trump Organization; the Equitable Life Assurance Society of the United States; Donald J. Trump, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 31, 1992.

Attorney(s) appearing for the Case

Wendy E. Sloan, New York City (Burton H. Hall, Hall & Sloan, of counsel), for plaintiff-appellant-cross-appellee Harry J. Diduck.

Robert Wang, New York City (Michael C. Simmons, Mait, Wang & Simmons, of counsel), for defendant-appellee-cross-appellant John Senyshyn.

Jay Goldberg, Jay Goldberg, P.C., New York City (Milton S. Gould, Fran M. Jacobs, Shea & Gould, of counsel), for Trump defendants-appellees-cross-appellants.

Arthur N. Lambert, New York City (Kenneth L. Aron, Lambert & Weiss, of counsel), for defendants-appellees Trustees House Wreckers Union Local 95 Ins. Trust Fund and House Wreckers Union Local 95 Pension Fund.

Before: FEINBERG, NEWMAN and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This suit stems from the construction of Trump Towers at Fifth Avenue and 56th Street in Manhattan. This marble-sheathed building was built by Trump-Equitable Fifth Avenue Co. (Trump-Equitable), a partnership of Donald J. Trump and the Equitable Life Assurance Society of the United States. This case illustrates an immutable law with respect to falsehoods — as immutable as the one respecting gravity Sir Isaac Newton conceived upon seeing...

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