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WHELAN v. O'ROURKE

5 A.D.2d 156 (1958)

James Whelan et al., Respondents, v. John J. O'Rourke, Individually and as Trustee under a Certain Declaration of Trust, et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 4, 1958.

Attorney(s) appearing for the Case

Henry Weiss of counsel (Samuel J. Cohen, attorney), for appellants.

Herbert Burstein of counsel (Zelby & Burstein and Boudin, Cohn & Glickstein, attorneys), for respondents.

BREITEL, J. P., VALENTE and McNALLY, JJ., concur.

RABIN, J.

This is a declaratory judgment action involving a controversy over the disposition of moneys held in the Local 282 — New York City Trucking Industry Pension Fund (hereinafter referred to as the "Local 282 Fund"), and with respect to the refunding of certain overpayments made by contributing employers to the Local 282 Welfare Fund as distinguished from...

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