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N.Y. TEAMSTERS CON. PENSION FUND v. BOENING BROS.

Nos. 1224, 1664, Dockets 95-7782, 95-7834.

92 F.3d 127 (1996)

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND, Plaintiff-Appellee-Cross-Appellant, v. BOENING BROTHERS, INC., and Charles Snyder Beverages, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 15, 1996.

Attorney(s) appearing for the Case

Eugene T. D'ablemont, New York City (Kelly, Drye & Warren, New York City, of counsel), for Defendants-Appellants-Cross-Appellees.

Vincent M. DeBella, Utica, New York (Paravati, Karl, Green & DeBella, Utica, New York, of counsel), for Plaintiff-Appellee-Cross-Appellant.

Before: VAN GRAAFEILAND and MAHONEY, Circuit Judges, and CARTER, District Judge.

MAHONEY, Circuit Judge.

Defendants-appellants-cross-appellees Boening Brothers, Inc. ("Boening") and Charles Snyder Beverages, Inc. ("Snyder") appeal from a judgment entered July 10, 1995 in the United States District Court for the Northern District of New York, Frederick J. Scullin, Jr., Judge, that granted summary judgment and an injunction in favor of plaintiff-appellee-cross-appellant the New York State Teamsters Conference Pension and Retirement Fund ...

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