Local 538 United Brotherhood of Carpenters v. United States Fidelity & Guaranty Co.

WINTER, Circuit Judge:

This is a diversity action brought by local unions against an employer’s surety to collect union dues withheld by the employer and unpaid employer contributions to certain employee health and welfare funds. Chief Judge Parker granted summary judgment for the unions but declined to award attorney’s fees, liquidated damages, or interest. The unions appeal from the latter denial. The surety cross-appeals on a host of grounds. We hold that the unions have standing to bring such an action but that the trustees of the funds are necessary parties to such an action. We do not…