TRUCKMEN & WAREHOUSEMEN ASSOC. v. PENSION & RET. FUND

Nos. CIV-81-1110C, CIV-85-1080C.

751 F.Supp. 351 (1990)

TRUCKMEN'S & WAREHOUSEMEN'S ASSOCIATION OF ROCHESTER; Boulter Carting Co., Inc.; George M. Clancy Carting Co., Inc.; Vogel Van and Storage of Rochester, Inc.; Service Storage Incorporated; B.G. Costich & Sons, Inc.; East End Moving and Storage, Inc.; Gottry Corporation; Rochester Storage Warehouses, Inc.; and Michael Clancy, Individually and as a participant in, and beneficiary of, the New York State Teamsters Conference Pension and Retirement Fund, Plaintiffs, v. The NEW YORK STATE CONFERENCE PENSION AND RETIREMENT FUND; Irving Wisch, Kepler Vincent, T. Edward Nolan, Rocco F. De Perno, Victor Mousseau, Paul E. Bush, and Jack Canzoneri, as Trustees of the New York State Teamsters Conference Pension and Retirement Fund; and Al Sgaglione, Executive Administrator of the New York State Conference Pension and Retirement Fund, Defendants. John W. MORSE, Individually and as a participant in, and a beneficiary of, the New York State Teamsters Conference Pension and Retirement Fund, Plaintiff, v. The NEW YORK STATE TEAMSTER CONFERENCE PENSION AND RETIREMENT FUND; T. Edward Nolan, Rocco F. De Perno, Curtis Gunderson, Paul E. Bush, and Richard Muller, as Trustees of the New York Teamsters Conference Pension and Retirement Fund; and Al Sgaglione, Executive Administrator of the New York State Teamsters Conference Pension and Retirement Fund, Defendants.

United States District Court, W.D. New York.

November 30, 1990.


Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Douglas A. Foss, of counsel) and Woods, Oviatt, Gilman & Sturman (Donald W. O'Brien, Jr., of counsel), Rochester, N.Y., for plaintiffs.

Peter P. Paravati, Bridgewaters, N.Y., for defendants.


BACKGROUND

CURTIN, District Judge.

These cases stem from a dispute over a 1979 stipulation form issued by the New York State Teamsters Conference Pension and Retirement Fund ("Fund"). The trustees of the Fund ("Trustees") have required employers to sign this form as a prerequisite to participation in the Fund. As this court held in Morse v. New York State Teamsters Conference Pension and Retirement Fund, 580 F.Supp. 180

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