CONSTRUCTION IND., ETC., v. SMITH & CO., INC.

No. 506 of 1959.

21 Pa. D. & C. 2d 400 (1959)

Construction Ind. Ins. Fund v. Smith & Co., Inc.

Common Pleas Court of Allegheny County, Pennsylvania.

November 18, 1959.


Attorney(s) appearing for the Case

David S. Palkovitz, Robert Palkovitz and Jack Palkovitz, for plaintiff.

Jacob Frank, for defendant.


GUFFEY, J., November 18, 1959.

This is a suit in assumpsit which was tried without a jury. Plaintiffs, O. H. Martin and George R. Hoffmaster, sued on behalf of a trust fund, charitable in nature, which was created by an agreement and declaration of trust between certain labor organizations and a number of employer associations, of which defendant was a member. The contract states that it was entered into "for the purpose of establishing the rate of wages; hours of...

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