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CLARK v. KRAFTCO CORPORATION

Nos. 135, 414, Dockets 74-1551, 74-1605.

510 F.2d 500 (1975)

Peter F. CLARK, as President of Ice Cream Drivers and Employees Union Local 757, and Anthony Iorio, as President of Milk Drivers and Dairy Employees Union Local 680, both affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, an unincorporated association, et al., Plaintiffs-Appellees-Appellants, v. KRAFTCO CORPORATION, Defendant-Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 6, 1975.

Attorney(s) appearing for the Case

John F. Cannon, New York City (Sullivan & Cromwell, New York City, of counsel), for Kraftco Corp.

Samuel J. Cohen with whom Stanley M. Berman, New York City (Cohen, Weiss & Simon, New York City, of counsel), for Union Officers and Trustees of the Pension Fund.

Before DANAHER, Senior Circuit Judge, and FEINBERG and MULLIGAN, Circuit Judges.

DANAHER, Senior Circuit Judge:

Senior Circuit Judge Lumbard, sitting without a jury, determined after a two-day trial that the plaintiffs were entitled to recover from Kraftco Corporation (herein, Kraftco), the sum of $576,000, with interest. Suit had been brought on behalf of the Ice Cream Industry-Drivers and Ice Cream Employees Unions Pension Fund (herein, Pension Fund). The parties had entered into an agreement which provided for an actuarial determination of...

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