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HAUSER v. FARWELL, OZMUN, KIRK & COMPANY

No. 3-66 Civ. 355.

299 F.Supp. 387 (1969)

Richard HAUSER and Leonard LeTendre, on behalf of themselves and all similarly situated, Plaintiffs, v. FARWELL, OZMUN, KIRK & COMPANY, Defendant. LOCAL 970, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; Earl Drange; Donald F. Liljedahl, Defendants and Third-Party Plaintiffs, v. Martin UNGER, Silas M. Dahlin and Stanley Cunningham, Third-Party Defendants.

United States District Court D. Minnesota, Third Division.

May 7, 1969.

Attorney(s) appearing for the Case

Sax & Dove, by Paul D. Dove, St. Paul, Minn., for plaintiffs.

A. Patrick Leighton, Moore, Costello & Hart, St. Paul, Minn., appeared for defendant Farwell, Ozmun, Kirk & Co.

Lindquist, Magnuson & Glennon, by William C. Mortenson, Minneapolis, Minn., for defendants.

There was no appearance for third-party defendants.

MEMORANDUM DECISION

NEVILLE, District Judge.

This is a class action instituted on behalf of 37 former employees of the Metal Fabricating Division of defendant Farwell, Ozmun, Kirk & Company (FOK) against that company and against Local 970 of the Teamsters Union (Union) and two of its individual officials. The dispute arises first over who is entitled to the cash proceeds of a non-contributory pension fund remaining upon the cessation of business by FOK...

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