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LA BARBERA v. J.D. COLLYER EQUIPMENT CORP.

No. 02-7351.

337 F.3d 132 (2003)

Gary LA BARBERA, Lawrence Kudla, Dennis Gartland, Thomas Gesualdi, Theodore King, Chester Broman, Frank Finkel and Joseph Ferrara, as Trustees and Fiduciaries of the Local 282 Welfare, Pension, Annuity, Job Training and Vacation and Sick Leave Trust Funds, Plaintiffs-Counter-Defendants-Appellants, v. J.D. COLLYER EQUIPMENT CORP., and Palmo Leasing Corp., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 21, 2003.

Attorney(s) appearing for the Case

Eugene S. Friedman, (William Anspach, Abigail R. Levy, on the brief), Friedman & Wolf, New York, New York, for Plaintiffs-Counter-Defendants-Appellants.

Richard B. Ziskin, Law Offices of Robert M. Ziskin, Commack, New York, for Defendants-Counter-Claimants-Appellees.

Before: WINTER, LEVAL, and CABRANES, Circuit Judges.

WINTER, Circuit Judge.

The Trustees of a local union's benefit funds appeal from Judge Hurley's decision granting summary judgment and holding invalid a policy they adopted regarding the amounts owed by firms in which the owner, or owner's spouse, works as an employee. See La Barbera v. J.D. Collyer Equip. Corp., 98-CV-3818 (E.D.N.Y. May 16, 2001) (Memorandum and Order). We affirm.1

BACKGROUND

In the 1990s, Local...

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