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BROWN v. C. VOLANTE CORP.

No. 99-7109.

194 F.3d 351 (1999)

Johnnie BROWN, Theodore King, Aldo Colussi, George Finch, Chester Broman, Joseph Ferrara, Frank Finkel, and Aniello Madonna, as Trustees and Fiduciaries of the Local 282 Welfare, Pension Annuity and Job Training Trust Funds, Plaintiffs-Appellees, v. C. VOLANTE CORP., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 8, 1999.

Attorney(s) appearing for the Case

Stacey E. Ziskin, Law Offices of Robert M. Ziskin (Robert M. Ziskin, of counsel), Commack, New York, for Defendant-Appellant.

Eugene S. Friedman, Friedman & Levine (William K. Wolf, Michael Bauman, William Anspach, of counsel), New York, New York, for Plaintiffs-Appellees.

Before: WINTER, Chief Judge, and KEARSE and McLAUGHLIN, Circuit Judges.

WINTER, Chief Judge:

C. Volante Corp. appeals from Judge Gershon's orders granting appellees' motion for summary judgment and awarding damages. Appellant argues that: (i) the district court lacked subject matter jurisdiction over appellees' claims because they arose from an alleged breach of unsigned collective bargaining agreements, (ii) the district court erred in determining that there were no triable issues as to whether appellant manifested its intent to adopt...

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