PETITION OF TRUSTEES OF JOINT WELFARE FUND, ETC.

No. 428, Docket 76-7307.

549 F.2d 871 (1977)

Petition of the TRUSTEES OF the JOINT WELFARE FUND OF the INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNIONS 14, 14B, 15, 15A, 15C, 15D, AFL-CIO and the Trustees of the Joint Pension Fund of the International Union of Operating Engineers Local Unions 14, 14B, 15, 15A, 15C, 15D, AFL-CIO for the Appointment of a Special Master Pursuant to Title 29, U.S.C., Section 186(c)(5). TRUSTEES OF the JOINT PENSION FUND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNIONS 14, 14B, 15, 15A, 15C AND 15D, AFL-CIO, other than Trustee Thomas Nolan, representing Local Unions 14, 14B, I. U. O. E., Appellants, v. Thomas J. NOLAN, as Trustee, representing Local Unions 14, 14B, International Union of Operating Engineers, AFL-CIO, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 14, 1977.


Attorney(s) appearing for the Case

William J. Corcoran, New York City (Corcoran & Brady, New York City, on the brief), for appellants.

Robert A. Kennedy, New York City (Doran, Colleran, O'Hara, Pollio & Dunn, P. C., Garden City, N. Y., Richard L. O'Hara and Robert J. Aurigema, Garden City, N. Y., on the brief), for appellee.

Before LUMBARD and FEINBERG, Circuit Judges, and MISHLER, District Judge.


PER CURIAM:

The trustees of the Joint Pension Fund of the International Union of Operating Engineers, other than trustee Nolan, appeal from an order of the Southern District which denied a motion to modify its prior order which directed the appointment of a special master to divide the Joint Pension Fund of two union locals according to the termination provision of the Joint Pension Fund Plan. We conclude that the order denying modification is not "final" within the...

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