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FARMER v. FISHER

Nos. 78-1120, 78-1121.

586 F.2d 1226 (1978)

Fred L. FARMER, Terry V. Allen, William C. Eads, Individually and as Union-Appointed Trustees of the K. C. Power and Light Pension Fund, Appellees, v. R. W. FISHER, P. L. Metzger, K. G. Hovland, Individually and as Employer-Appointed Trustees of the K. C. Power and Light Pension Fund, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1978.

Attorney(s) appearing for the Case

A. Drue Jennings, Kansas City, Mo., for appellant; S. P. Cowley, Kansas City, Mo., on brief.

Michael D. Gordon, Jolley, Moran, Walsh, Hager & Gordon, Kansas City, Mo., for appellee; Scott A. Raisher, Kansas City, Mo., on brief.

Before ROSS, and HENLEY, Circuit Judges, and MARKEY, Chief Judge.

MARKEY, Chief Judge.

Appeal from a judgment of the United States District Court for the Western District of Missouri, holding that trustees of a pension fund could sue an employer for contributions withheld during a strike. We reverse.

Background

On January 1, 1967, a declaration of trust was entered into between the Kansas City Power & Light Company (Employer) and Local Unions 412, 1464, and 1613, International Brotherhood of Electrical...

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