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PORTER v. THOMPSON ROOFING AND SHEET METAL CO.

No. 98-CV-0508C(Sc).

85 F.Supp.2d 194 (2000)

Donald PORTER, as Treasurer of The United Union of Roofers, Waterproofers, and Allied Workers, Local Union No. 74, Petitioner, v. THOMPSON ROOFING AND SHEET METAL CO., INC., Respondent.

United States District Court, W.D. New York.

As Amended April 18, 2000.

Attorney(s) appearing for the Case

Morris, Cantor, Barnes, Goodman & Furlong (Michael E. Reilly, of counsel), Cheektowaga, NY, for petitioner.

Jaeckle, Fleischmann & Mugel, LLP (Sean P. Beiter, of counsel), Buffalo, NY, for respondent.

DECISION and ORDER

CURTIN, District Judge.

INTRODUCTION

Presently before this court is petitioner's motion for summary judgment. Item 10. Respondent opposes petitioner's motion and has filed its own motion for summary judgment. Item 13. For the reasons set forth below, petitioner's motion is granted and respondent's motion is denied.

BACKGROUND

Petitioner United Union of Roofers, Waterproofers and Allied Workers, Local Union No...

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