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BATH v. PIXLER

Civ. A. No. 67-C-482.

283 F.Supp. 632 (1968)

Harry BATH, Charles Schadler and Guy Downing, as union-selected trustees of that trust known as the "Colorado Teamster Health & Welfare Fund," and Locals 17, 146 and 961, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioners, v. N. C. PIXLER, Bennie Goldstein and T. M. Davis, as management-selected trustees of that trust known as the "Colorado Teamster Health & Welfare Fund," and Western Empire Operators Association, a Colorado corporation, Respondents.

United States District Court D. Colorado.

April 26, 1968.

Attorney(s) appearing for the Case

Myrick, Criswell & Branney, John A. Criswell, Englewood, Colo., for petitioners.

Grant, Shafroth, Toll & McHendrie, Peter J. Crouse, Denver, Colo., for respondents.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

This case presents the difficult question of whether this Court has jurisdiction over a controversy arising out of attempts to terminate a union welfare trust created pursuant to § 302(c) (5) of the Taft-Hartley Act, 29 U.S.C. § 186 (c) (5).

The trust in question, commonly known as the "Colorado Teamster Health and Welfare Fund," was created in 1953 pursuant to a collective...

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