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TRUSTEES, ETC. v. CONSTANT CARE COMMUNITY, ETC.

No. 81-1318.

669 F.2d 213 (1982)

TRUSTEES OF NATIONAL BENEFIT FUND FOR HOSPITAL AND HEALTH CARE EMPLOYEES, Appellants, v. CONSTANT CARE COMMUNITY HEALTH CENTER, INCORPORATED, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1982.

Attorney(s) appearing for the Case

Bernard W. Rubenstein, Baltimore, Md. (Carl S. Yaller, Edelman & Rubenstein, P.A., Baltimore, Md., on brief), for appellants.

Russell H. Gardner, Baltimore, Md. (Jeanne M. Phelan, Wolf, Pokempner & Hillman, Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and BUTZNER, Circuit Judge.

WINTER, Chief Judge:

The Trustees of National Benefit Fund for Hospital and Health Care Employees sued defendant, a provider of health care services, to collect delinquent payments owed the fund which they administer. The district court dismissed the complaint without prejudice, ruling that plaintiffs must resort to arbitration as provided in the collective bargaining agreement between defendant and the union before seeking judicial relief. Although mindful of the...

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