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INDEPENDENT ASS'N OF MUTUEL EMP. v. NEW YORK RACING ASS'N

No. 485, Docket 32172.

398 F.2d 587 (1968)

INDEPENDENT ASSOCIATION OF MUTUEL EMPLOYEES OF NEW YORK STATE, an unincorporated association; Louis Calabrese, Individually and as President of the Independent Association of Mutuel Employees of New York State; Ervin Schor, Charles Hahn and Louis J. Cozenza, Individually and as Union designated members of the Pension Committee for Employees of the Mutuel Department of the New York Racing Association, Inc., Plaintiffs-Appellees, v. The NEW YORK RACING ASSOCIATION, Inc.; Frank M. Basil, Individually and as Vice President, Treasurer and Comptroller of the New York Racing Association, Inc., and as Chairman of the Pension Committee for Employees of the Mutuel Department of the New York Racing Association, Inc.; and Edward L. Kilroe, Louis M. Walger and Thomas J. Fitzgerald as Employer designated members of the said Pension Committee, Defendants-Appellants, and Bankers Trust Company, Defendant.

United States Court of Appeals Second Circuit.

Decided June 18, 1968.

As Amended July 17, 1968.

Attorney(s) appearing for the Case

James D. Walsh, New York City, for plaintiffs-appellees.

Arthur Mermin, New York City (Cahill, Gordon, Sonnett, Reindel & Ohl, William L. Dennis and Henry G. Bisgaier, New York City, on the brief), for defendants-appellants.

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

LUMBARD, Chief Judge:

Defendants appeal from an order of the district court denying defendants' motions for summary judgment and granting summary judgment for plaintiffs and directing that a pension plan for defendant New York Racing Association, Inc.'s employees be revised to conform with Section 302(c) (5) (B) of the Labor Management Relations Act of 1947 (Taft-Hartley Act), 29 U.S.C. § 186(c) (5) (B). The parties stipulated that the sole issue in this case...

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