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MOYER v. KIRKPATRICK

Civ. A. No. 41265.

265 F.Supp. 348 (1967)

Budd MOYER et al. v. Richard KIRKPATRICK et al.

United States District Court E. D. Pennsylvania.

March 17, 1967.

Attorney(s) appearing for the Case

John J. O'Brien, Jr., Nicholas G. Petrella, Philadelphia, Pa., for plaintiffs.

Geoffrey J. Cunniff, Bala-Cynwyd, Pa., and Richard Kirschner, Philadelphia, Pa., for defendant-trustees.

Alfeo P. Libetti, Philadelphia, Pa., for defendant Kirkpatrick (Individually).

OPINION

LUONGO, District Judge.

Plaintiffs, two members of a bricklayers union, instituted this suit for declaratory judgment. The gravamen of the complaint is that trustees of a jointly administered health and welfare fund (Fund) have acted improperly in refusing to accept payments into the Fund from certain employers and in setting certain requirements for eligibility for benefits. Plaintiffs claim that as a consequence of such improper actions of the...

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