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O'ROURKE v. BREAKSTONE BROS. INC.

218 F.Supp. 648 (1963)

John J. O'ROURKE, as Trustee of Dairy Transportation Drivers, Helpers and Terminal Employees, Local 770, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Plaintiff, v. BREAKSTONE BROS. INC., Farm & City Trucking Corporation, Frank Hahn & Co. Inc., et al., Defendants, Thomas Thacher, Superintendent of Insurance of the State of New York, Applicant for Intervention.

United States District Court S. D. New York.

July 3, 1963.

Attorney(s) appearing for the Case

Cohen & Weiss, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., New York City, for superintendent of insurance.

RYAN, Chief Judge.

The Trustee of Local 770 has filed suit under Section 301 of the Labor Management Relations Act, 1947 (29 U.S.C.A. § 185) to compel defendant employers to account for contributions allegedly due the employee welfare fund and to pay over to plaintiff in trust such amounts as are found due, and to compel defendant Trustees to account for and pay over to plaintiff in trust all contributions received by them and all other funds on deposit with...

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