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HARRISON v. POTE

252 A.2d 558 (1969)

John L. HARRISON, Stanley Lucas, Jr., Michael Shapoval, Leon Bloom, Sylvester E. Depaulo, James McCormick, as Trustees of United Brotherhood of Carpenters and Joiners of America, Millwright Local Union No. 1545, Welfare Fund (an unincorporated Trust Fund) and Frankie F. Di-Mauro, Raymond A. Paleto, James F. Harvey, Jr., Stanley A. Saltsman, Harold L. Burge, on behalf of themselves and all others similarly situated, Plaintiffs, v. Charles POTE, Alfred Howard, Jr., Albert Burke, as Trustees of United Brotherhood of Carpenters and Joiners of America, Local Union No. 626 Health and Welfare Fund (an unincorporated Trust Fund), and Charles Cantera, Eugene Disabatino, Roland Longenecker, as Trustees of United Brotherhood of Carpenters and Joiners of America, Local Union No. 626 Welfare Fund (an unincorporated Trust Fund), and also as representatives of the employers in Interest, and Local Union No. 626 of United Brotherhood of Carpenters and Joiners of America (an unincorporated association), Defendants.

Court of Chancery of Delaware, New Castle.

April 2, 1969.

Attorney(s) appearing for the Case

Sidney Balick of Aerenson & Balick, Wilmington, for plaintiffs.

James J. Walsh, Wilmington, for defendants.

MARVEL, Vice Chancellor:

Plaintiffs in this case are the trustees of a health and welfare fund created for the benefit of the members of the United Brotherhood of Carpenters and Joiners of America, Millwright Local Union 1545 and such union's officers and members. Named as defendants are the employer and employee trustees of the health and welfare fund created for the benefit of the members of Local Union 626 of the United Brotherhood of Carpenters and Joiners and...

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