HALEY v. PALATNIK

No. 399, Docket 74-1948.

509 F.2d 1038 (1975)

Joseph W. HALEY and Henry Whitney, as Trustees of the International Association of Bridge, Structural and Ornamental Iron Workers, Local 417 Training and Education Fund, Plaintiffs-Appellants, v. Robert PALATNIK et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 24, 1975.


Attorney(s) appearing for the Case

John R. Harold, New York City, for plaintiffs-appellants.

Mitchel B. Craner, New York City (Guazzo, Silagi & Craner, P. C., Stephen E. Klausner, New York City, of counsel), for defendant-appellee Palatnik.

David W. Silverman, New City, N. Y. (Granik, Garson, Silverman & Nowicki, New City, N. Y.), for defendant-appellee Rose.

Before KAUFMAN, Chief Judge, and ANDERSON and OAKES, Circuit Judges.


OAKES, Circuit Judge:

The sole question presented by this appeal is whether the federal courts have jurisdiction to provide relief in connection with an alleged conspiracy by the trustees of a Labor Management Relations Act (Act) trust fund, to divert money from that fund to one of the union trustees.1 Suit was brought under § 302(e) of the Act, 29 U.S.C. § 186(e), but no pendent claim under state law was asserted. The district...

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