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AMERICAN STORES COMPANY v. JOHNSTON

171 F.Supp. 275 (1959)

AMERICAN STORES COMPANY, Plaintiff, v. Richard L. JOHNSTON, Deputy Trustee of Retail Clerks' International Association, Local 1245; Fred A. Ammond, Vice President of Retail Clerks' International Association (AFL-CIO), as Trustee of Retail Clerks' International Association, Local 1245; Retail Clerks' International Association (AFL-CIO), an unincorporated association; and Local Union 1245 of Retail Clerks' International Association (AFL-CIO).

United States District Court S. D. New York.

March 18, 1959.

Attorney(s) appearing for the Case

Conboy, Jewitt, O'Brien & Boardman, New York City, for plaintiff.

Vladeck & Elias, New York City, for defendants.

BICKS, District Judge.

In an action by plaintiff-employer for a declaratory judgment pursuant to 28 U.S.C.A. § 22011 the defendant-Union has moved for summary judgment upon the following undisputed facts: On December 1, 1946 the plaintiff (hereinafter referred to as the Company) instituted an Employee Retirement Plan which provided for both employer and employee contributions toward a retirement pension fund, the Company's obligation...

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