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UNITED STATES TRUCKING CORPORATION v. STRONG

No. 283, Docket 29656.

359 F.2d 392 (1966)

UNITED STATES TRUCKING CORPORATION, Plaintiff-Appellee, v. John E. STRONG, Joseph M. Mangan, Walter O'Leary, Union Trustees; Joseph M. Adelizzi, George V. Conboy and James E. Whalen, Employer Trustees and Hugh E. Sheridan, Impartial Chairman of the Pension Fund of New York City Trucking Industry, Local No. 807, Defendants, and Truck Drivers and Chauffeurs Union, Local No. 807, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 11, 1966.

Attorney(s) appearing for the Case

Melvin C. Hartman, New York City, for plaintiff-appellee.

Jerome B. Lurie, Daniel W. Meyer, Cohn & Glickstein, New York City, for defendant-appellant.

Herbert Burstein, Arthur Liberstein, Zelby & Burstein, New York City, for defendants-trustees and impartial chairman as amicus curiae.

Lester Asher, Chicago, Ill., and Bernard Dunau, Washington, D. C., for Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO as amicus curiae.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.

PER CURIAM:

The United States Trucking Corporation sought a declaratory judgment in the District Court for the Southern District of New York that Truck Drivers and Chauffeurs Union, Local No. 807 was violating § 302 of the Labor Management Relations Act, 29 U.S.C. § 186, by participating in a Trust Agreement and Pension Fund as an employer. The district court held it was a violation and enjoined the Union from contributing to the Pension Fund as an employer...

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