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TRISCARO v. UNION LABOR LIFE INSURANCE COMPANY

No. 16198.

355 F.2d 1 (1966)

N. Louis TRISCARO, Charles Ralph, Joseph Morrow, Pat Ranallo, Frank Colombi, Ernest M. Green, Arthur Reitz, Howard Renker, George Breckling, and Joseph Babin, as Trustees of the Excavating, Building Material & Construction Drivers Union Local #436, Welfare Fund, Plaintiffs-Appellants, v. The UNION LABOR LIFE INSURANCE COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 27, 1966.

Attorney(s) appearing for the Case

Alfred Palay, Cleveland, Ohio, William H. Rosenfeld, Rosenfeld & Palay, Cleveland, Ohio, on brief, for appellants.

Ivan H. Wolpaw, Cleveland, Ohio, and Raymond O'Connor, New York City, Meyer T. Wolpaw, Wolpaw & Wolpaw, Cleveland, Ohio, Hugh Reilly, Mahoney, Spohr & Mahoney, on brief, for appellee.

Charles D. Lindberg, Taft, Stettinius & Hollister, Cincinnati, Ohio, on brief for amicus curiae, Life Ins. Ass'n.

Before WEICK, Chief Judge, EDWARDS, Circuit Judge, and BROWN, District Judge.

BAILEY BROWN, District Judge.

The appellants, Trustees of the Excavating, Building Material and Construction Drivers Union, Local No. 436, Welfare Fund, hereinafter referred to as the "Trustees," sought a declaration of their right to receive payment of an additional amount under a "Dividends" provision of policies of group insurance issued by the appellee, Union Labor Life Insurance Company, Inc., hereinafter referred to as the "Company." Jurisdiction is based on...

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