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PHELAN v. LOCAL 305

Nos. 1287-1289 and 1386, Dockets 91-9145, 91-9147, 91-9149 and 91-9151.

973 F.2d 1050 (1992)

Karen M. PHELAN, as Administrator of the Estate of Shane P. Phelan, Charlene Phelan, as Co-Administrator of the Estate of Shane P. Phelan, Donald V. Fitzgerald, Mark Cotton, Plaintiffs-Appellees, Cross-Appellants, v. LOCAL 305 OF the UNITED ASSOCIATION OF JOURNEYMEN, AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, Patrick Quinn, Terrence Quinn, Defendants-Appellants, Cross-Appellees, United Association of the Plumbing and Pipefitting Industry of the United States and Canada, Defendant-Cross-Appellee, Mechanical Contractors Association of Connecticut, Inc., Eastern Connecticut Mechanical Contractors Association, Inc. and Stone & Webster Engineering, Defendants.

United States Court of Appeals, Second Circuit.

Decided August 25, 1992.

Attorney(s) appearing for the Case

Joel M. Ellis, West Hartford, Conn. (William S. Zeman, of counsel), for defendant-appellant/cross-appellee Patrick Quinn.

Robert M. Cheverie, Hartford, Conn. (Bianca D. Mackey, Robert M. Cheverie & Associates, of counsel), for defendant-appellant/cross-appellee Local 305.

Richard S. Brook, Mineola, N.Y., for defendant-appellant/cross-appellee Terrence Quinn.

Sally M. Tedrow, Washington, D.C. (Francis J. Martorana, O'Donoghue & O'Donoghue, of counsel), for defendant-cross-appellee United Ass'n.

Leon M. Rosenblatt, West Hartford, Conn. (M. Katherine Wood, Rosenblatt & Mills, of counsel), for plaintiffs-appellees/cross-appellants Karen M. Phelan, et al.

Terry R. Yellig, Stephen E. Coye, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, D.C., on the brief, for amicus curiae, Building and Const. Trades Dept., AFL-CIO.

Susan M. Jennik, Brooklyn, N.Y., on the brief, for amicus curiae, Ass'n. for Union Democracy.

Before: MESKILL, Chief Judge, NEWMAN, Circuit Judge, and ARCARA, District Judge.

MESKILL, Chief Judge:

On this appeal and cross-appeal from a judgment entered on jury verdicts in the United States District Court for the District of Connecticut, Clarie, J., we must decide whether Title I of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 411 et seq., also known as the LMRDA Bill of Rights, grants us jurisdiction to hear suits brought by plaintiffs who were members of Local No. 76 (Local 76) of the United...

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