GIORDANI v. HOFFMANN

Civ. A. No. 41768.

277 F.Supp. 722 (1967)

Guido GIORDANI, Anthony Halpin, Alfredo Pizarro, Theodore G. Tibbatts, Martin Major, Saverio Ciulla, and Raymond Garofolo on behalf of the Upholsterers International Union, a labor organization, and also as representatives of the class of persons on whose behalf contributions are made to the U. I. U. Health and Welfare Fund, a trust fund, and also as representatives of the class of persons on whose behalf contributions are made to the U. I. U. National Pension Program, a trust fund v. Sal B. HOFFMANN, Alfred R. Rota, R. Alvin Albarino, Martin L. Garber, Paul W. Heaton, Al Gord, Hubert W. Bell, Victor T. Valin and Clarence Ewins, both Individually and Collectively Constituting the General Executive Board of the Upholsterers International Union of North America, an unincorporated association, and also collectively constituting the Board of Trustees of the U. I. U. Health and Welfare Fund, a trust fund and Sal B. Hoffmann, A. J. Becker, Ralph O. Campbell, H. J. Malerstein, Lee Henson, Grant C. Simmons, Jr., R. Alvin Albarino, Martin L. Garber, Al Gord and Hubert W. Bell, Individually and Collectively Constituting the Board of Governors of the U. I. U. National Pension Trust, a trust fund, 1500 North Broad Street, Philadelphia, Pennsylvania and United States Fidelity and Guaranty Company and American Insurance Company.

United States District Court E. D. Pennsylvania.

November 3, 1967.


Attorney(s) appearing for the Case

Edward B. Bergman, Solo, Abrams, Bergman, Trommer & Padova, Philadelphia, Pa., Gene Crescenzi, New York City, for plaintiffs.

Jan E. DuBois, White & Williams, Philadelphia, Pa., for all individual defendants.

Harold E. Kohn, Bruce W. Kauffman, Dilworth, Paxson, Kalish, Kohn & Levy, and M. H. Goldstein, Michael Brodie and Goldstein & Barkan, Philadelphia, Pa., for General Executive Board of Upholsterers International Union of North America, Board of Trustees of U. I. U. Health & Welfare Fund, Board of Governors of U. I. U. of National Pension Trust.

Frank Bielitsky and Meranze, Katz, Spear & Bielitsky, Philadelphia, Pa., for U. S. Fidelity & Guaranty Co.

Paul J. Donnelly, Philadelphia, Pa., for The American Insurance Co.


MEMORANDUM AND ORDER SUR MOTION TO VACATE ORDER GRANTING APPLICATION FOR LEAVE TO SUE (Document 8)

VAN DUSEN, Circuit Judge (Sitting by Designation).

After filing in January 1967, a Motion to Dismiss this Civil Action instituted in December 1966, which includes in Count I an alleged cause of action under 29 U.S.C. § 501,1 the Union defendant in February 1967 filed the Motion...

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