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BOX v. BOILERMAKER NATIONAL HEALTH & WELFARE FUND

1 Div. 53, 53-A.

253 So.2d 326 (1971)

R. E. BOX Individually and d/b/a R. E. Box Construction & Equipment Company v. BOILERMAKER NATIONAL HEALTH AND WELFARE FUND, E. M. Halkyard and David L. Lewis, Trustees. R. E. BOX Individually and d/b/a R. E. Box Construction & Equipment Company v. BOILERMAKER-BLACKSMITH NATIONAL PENSION TRUST, Russell A. Bergemann and David L. Lewis, as Trustees.

Court of Civil Appeals of Alabama.

October 6, 1971.

Attorney(s) appearing for the Case

Kilborn, Darby & Kilborn, Mobile, for appellant.

Wm. C. Taylor, Mobile, for appellees.

BRADLEY, Judge.

The appeals in 1 Div. 53 and 53-A have been consolidated here as they were consolidated in the trial court, for the reason that the issues of fact and law are the same.

The matter arose as the result of suits being filed by appellees to collect moneys allegedly due them under a collective bargaining agreement. Appellees sued as third party beneficiaries to that agreement.

Appellees, on August 1, 1969, filed separate complaints naming...

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