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LOCAL 538 UNITED BROTH. v. U.S. FIDELITY & GUAR. CO.

Nos. 368, 850, Dockets 94-7351, 94-7353.

70 F.3d 741 (1995)

LOCAL 538 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, Northern New England District Council of Carpenters, Local 522 Laborers' International Union of North America, and Maine, New Hampshire and Vermont Laborers' District Council, Plaintiffs-Appellants, Cross-Appellees, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 28, 1995.

Attorney(s) appearing for the Case

Anne R. Sills, Segal, Roitman & Coleman, Boston, MA, for Laborer Plaintiffs-Appellants, Cross-Appellees.

Jeffrey Neil Young, McTeague, Higbee, Libner, MacAdam, Case & Watson, Topsham, ME, for Carpenter Plaintiffs-Appellants, Cross-Appellees.

Bradford R. Carver, Boston, MA (Edward F. Vena, Michael S. Levitz, Vena, Truelove & Riley, of counsel), for Defendant-Appellee, Cross-Appellant.

Before VAN GRAAFEILAND and WINTER, Circuit Judges, and KAPLAN, District Judge.

WINTER, Circuit Judge:

This is a diversity action brought by local unions against an employer's surety to collect union dues withheld by the employer and unpaid employer contributions to certain employee health and welfare funds. Chief Judge Parker granted summary judgment for the unions but declined to award attorney's fees, liquidated damages, or interest. The unions appeal from the latter denial. The surety cross-appeals on a host of grounds. We hold that the unions...

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