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IN RE A & S ELECTRIC CORP.

No. 355, Docket 30992.

379 F.2d 211 (1967)

In the Matter of A & S ELECTRIC CORP., Bankrupt. Joint Industry Board of the Electrical Industry and Warren C. Schwartz, Trustee in Bankruptcy of A & S Electric Corp., Appellants.

United States Court of Appeals Second Circuit.

Decided June 22, 1967.

Attorney(s) appearing for the Case

Warren C. Schwartz, Brooklyn, N. Y., Trustee in Bankruptcy for A & S Electric Corp.

Harold Stern, New York City (Norman Rothfeld, New York City, on the brief), for Joint Industry Board of the Electrical Industry, appellant.

Howard M. Koff, Department of Justice, Washington, D. C. (Richard C. Pugh, Acting Asst. Atty. Gen., Lee A. Jackson and Joseph Kovner, Department of Justice, Washington, D. C., and Joseph P. Hoey, U. S. Atty. for Eastern District of New York, Brooklyn, N. Y., and Frank R. Natoli, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for the United States.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

The Joint Industry Board of the Electrical Industry, which administers an Annuity Plan funded by employer contributions under a collective bargaining agreement between Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, and four associations of electrical contractors in New York City, appeals from an order of Judge Rosling, affirming an order of Referee Warner in the Chapter XI proceeding of A & S Electric Corp. in...

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