GUZMAN v. LOCAL 32B-32J

No. 849, Docket 95-7880.

72 F.3d 260 (1995)

Carlos GUZMAN, Rafael Parache, Robert Figueroa, Leon C. Huguenot, Milton Ayala and Angel Fernandez, Plaintiffs-Appellees, v. LOCAL 32B-32J, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 13, 1995.


Attorney(s) appearing for the Case

Ronald Raab, New York City (Ira A. Sturm, Manning, Raab, Dealy & Sturm, New York City, on the brief), for defendant-appellant.

Arthur Z. Schwartz, Kennedy Schwartz & Cure, New York City, for plaintiffs-appellees.

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


JON O. NEWMAN, Chief Judge:

This appeal presents the infrequently litigated issue of whether an appeal from a preliminary injunction is moot where the precise action ordered has been taken but the merits of the dispute nevertheless remain pending. Local 32B-32J ("the Union") appeals from the September 6, 1995, order of the District Court for the Southern District of New York (Lawrence M. McKenna, Judge) issuing a preliminary injunction. The Union was enjoined from...

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