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GARFIELD LOCAL 13-566, ETC. v. HEYDEN NEWPORT CHEM. CORP.

Civ. A. No. 588-58.

172 F.Supp. 230 (1959)

GARFIELD LOCAL 13-566 OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, Emory A. Wenzel and Rudolph J. Wenzel, Plaintiffs, v. HEYDEN NEWPORT CHEMICAL CORPORATION and The Equitable Life Assurance Society of the United States, Defendants.

United States District Court D. New Jersey.

April 9, 1959.

Attorney(s) appearing for the Case

Bracken & Walsh, Newark, N. J., for plaintiffs.

Shanley & Fisher, Newark, N. J., for defendant Heyden Newport Chemical Corp.

Emory, Langan, Lamb & Blake, Jersey City, N. J., for Equitable Life Assur. Soc. of the United States.

MORRILL, District Judge.

This suit is by a union and by two certain officer members thereof in their individual capacities and as representatives of a class. The class consists of those members of the union who are participants in the pension plan in question.

The employer-defendant Heyden arranged a pension plan for its employees through the insurer-defendant Equitable. Concededly, this plan was voluntary, in the sense that employees of Heyden could subscribe...

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