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DE CARLO v. BRYE

42 Misc.2d 667 (1963)

Frank De Carlo et al., for Themselves and Others Similarly Situated, Plaintiffs, v. Ralph Brye et al., Constituting the Executive Committee of the Carpenters District Council of Rochester and Vicinity of the United Brotherhood of Carpenters and Joiners of America, et al., and Ralph Brye et al., Individually and as Trustees under an Alleged Pension Plan, Defendants. Frank De Carlo et al., for Themselves and Others Similarly Situated, Plaintiffs, v. Werner W. Spitz et al., as Trustees, Defendants.

Supreme Court, Monroe County.

October 14, 1963

Attorney(s) appearing for the Case

Reilly, McLouth, Lines & Wilkins for plaintiffs. Harold Cohen for Pension Fund Trustees and another, defendants. Harris, Beach, Keating, Wilcox, Dale & Linowitz for Building Trades Employers Association of Rochester, N. Y., Inc., defendant. Louis J. Lefkowitz, Attorney-General (Philip Weinberg of counsel), for Superintendent of Insurance.

DANIEL E. MACKEN, J.

By order of this court the parties to these actions have been directed to show cause why an order should not be made (1) granting the Superintendent of Insurance leave to intervene in these actions; (2) dismissing both actions on the ground that the Superintendent has exclusive jurisdiction to liquidate the trust fund herein pursuant to article XVI of the Insurance Law; and (3) for such...

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