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SHALLCROSS EXPRESS v. LOCAL 478 PENSION FUND

119 N.J. Super. 196 (1972)

290 A.2d 744

SHALLCROSS EXPRESS, INC., PLAINTIFF, v. LOCAL 478 TRUCKING AND ALLIED INDUSTRIES PENSION FUND, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided April 14, 1972.

Attorney(s) appearing for the Case

Mr. Joseph J. Triarsi for plaintiff (Messrs. Pisano and Triarsi, attorneys).

Mr. Thomas Parsonnet for defendant (Messrs. Parsonnet, Parsonnet & Duggan, attorneys; Mr. E. Barclay Cale, Jr. of the Pennsylvania Bar (Messrs. Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel).

FELLER, J.S.C.

These are motions and cross-motions for summary judgment.

Plaintiff Shallcross Express, Inc. (Shallcross) has instituted this action to recover from defendant Local 478 Trucking and Allied Industries Pension Fund (Fund) the sum of $12,904.19, alleging that it is entitled to this sum under the principle of unjust enrichment. Shallcross has obtained an order to show cause why judgment should not be entered in this amount and the Fund has filed...

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