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BARBOT v. FRACKMAN

191 F.Supp. 171 (1961)

Fernand BARBOT, Angelo Cirillo, John Culkin, Herbert Feinstein, Marvin Gersfeld, William Martinez, Robert Metz, Lawrence Palumbo, Donald E. Sullivan, and Louis Vitale, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Leonard M. FRACKMAN, individually and as Trustee of Local 199, Industrial Workers of Allied Trades, Confederated Unions of America, Pension Plan Trust; Local 199, Industrial Workers of Allied Trades, Confederated Unions of America; Michael Gordon, individually, and as President and Joseph Bellantoni, individually and as Secretary of Local 199, Industrial Workers of Allied Trades Confederated Unions of America; Better Electric Co., Inc., and Henry M. Moses, Defendants.

United States District Court S. D. New York.

February 2, 1961.

Attorney(s) appearing for the Case

O'Donnell & Schwartz, New York City, for plaintiffs.

Frackman & Robins, New York City, for defendants other than Better Electric Co., Inc., and Henry M. Moses.

BICKS, District Judge.

Alleging that they are beneficiaries of the Local 199 Pension Trust, plaintiffs bring this action in their own behalf and in behalf of all other beneficiaries of said Pension Trust for a judgment declaring that the Trust violates § 302 of the Labor Management Relations Act, 29 U.S.C.A. § 186, for injunctive relief, and for an accounting and distribution of the trust assets to the beneficiaries thereof. They urge that the appointment...

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