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LOCAL UNION NO. 38 v. PELELLA

Docket No. 02-7939.

350 F.3d 73 (2003)

LOCAL UNION NO. 38, SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Plaintiff-Counter-Defendant-Appellant, v. Anthony PELELLA, Defendant-Counter-Plaintiff-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 17, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Dubin, Huntington, NY, for Appellant.

Christopher Watkins, Chester, NY (Stephen Bergstein, Thornton, Bergstein & Ullrich, Chester, NY, of counsel), for Appellee.

Before: MESKILL, MINER and STRAUB, Circuit Judges.

MESKILL, Circuit Judge.

This appeal asks us to decide if section 101(a)(4) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 411(a)(4), bars a union member's counterclaim that is financed by an interested employer as well as whether punitive damages are available where only nominal damages are awarded and whether attorney's fees were justified.

Plaintiff-appellant Local Union No. 38, Sheet Metal Workers' International Association, AFL...

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