MODESTE v. LOCAL 1199, DRUG, HOSPITAL AND HEALTH CARE EMPLOYEES UNION

No. 204, Docket 94-7209.

38 F.3d 626 (1994)

Yvonne MODESTE and Arthur Modeste, Plaintiffs-Appellants, v. LOCAL 1199, DRUG, HOSPITAL AND HEALTH CARE EMPLOYEES UNION, RWDSU, AFL-CIO, Estela Vasquez, Thomas Dawes, Rosa Cruz, Carmen Nieves and Nilda Nieves, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 20, 1994.


Attorney(s) appearing for the Case

Donald D. Casale, New York City (Michael Flomenhaft, Flomenhaft Karam & Casale, on the brief), for plaintiffs-appellants.

Elisabeth Werby, New York City (Daniel J. Ratner, Levy, Pollack & Ratner, on the brief), for defendants-appellees.

Before: NEWMAN, Chief Judge, KEARSE and CARDAMONE, Circuit Judges.


JON O. NEWMAN, Chief Judge:

Yvonne and Arthur Modeste appeal from the March 17, 1994, judgment of the District Court for the Southern District of New York (Sonia Sotomayor, Judge), dismissing, under Fed.R.Civ.P. 12(b)(6), three causes of action against defendant-appellee Local 1199, Drug, Hospital and Health Care Employees Union ("the Union"). The claims arise from intentional torts allegedly inflicted by members of the Union...

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