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UNITED STEEL, PAPER AND FORESTRY v. COOKSON AM.

Docket No. 12-1032-cv.

710 F.3d 470 (2013)

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC, Plaintiff-Appellee, v. COOKSON AMERICA, INC., Vesuvius USA Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 18, 2013.

Attorney(s) appearing for the Case

Daniel M. Kovalik , Senior Associate General Counsel ( Katharine J. Shaw , Assistant General Counsel, on the brief), United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, PA, for Plaintiff-Appellee.

Neal J. McNamara , Nixon Peabody LLP, Providence, RI, for Defendants-Appellants.

Before: WALKER, KATZMANN, Circuit Judges, and PRESKA, District Judge.

PER CURIAM:

In this case, we are called upon to construe an agreement between the parties and to determine whether the Union, as a party to the relevant agreement, has standing to enforce it even where the benefits of enforcement accrue to third-party retirees. Cookson and its wholly owned subsidiary, Vesuvius, appeal from a judgment entered on February 28, 2012 by the United States District Court for the Western District of New York (Skretny, J.). That judgment...

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