HAYES v. MORSE

No. 72-1526.

474 F.2d 1265 (1973)

Mitchell HAYES et al., Appellee, v. Charles J. MORSE et al., Appellants, and Midwest Haulers, Inc.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1973.


Attorney(s) appearing for the Case

Alan M. Levy, Milwaukee, Wis., for appellant.

Burton H. Shostak, St. Louis, Mo., for appellee.

Before GIBSON and ROSS, Circuit Judges, and BENSON, Chief District Judge.


PER CURIAM.

This is an appeal from a declaratory judgment rendered on Plaintiffs' motion, under Rule 57, Federal Rules of Civil Procedure, in a proceeding brought under 28 U.S.C. § 2201.

The appellees, owner/operators of highway tractors have, for several years, driven for Midwest Haulers, Inc., a company engaged in the trucking business. By reason of this association with Midwest, the appellees applied for pension fund benefits from the appellant, Central...

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