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ASHBEE v. BRUNIE

19 A.D.2d 826 (1963)

David O. Ashbee, Respondent, v. Peter J. Brunie, Individually and as President of Local Union No. 816, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al., Appellants

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

October 7, 1963

Order, insofar as appealed from, affirmed, without costs.

On the record before us we are required to accept as fact the following: Plaintiff, as a self-employed trucker, was a member of the defendant union from 1935 to the date of his retirement in 1958. From 1954, as an employer, he made payments into the union's welfare and pension fund. This fund had been created by virtue of bargaining agreements which, as an employer...

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