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LOCAL 267 v. OHIO CARPENTERS HEALTH & WELFARE FUND

No. 90-3187.

926 F.2d 550 (1991)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, DRESDEN LOCAL NO. 267, Plaintiff-Appellant, v. OHIO CARPENTERS HEALTH AND WELFARE FUND, and Joseph T. Ivan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 25, 1991.

Attorney(s) appearing for the Case

Andrew S. Lipton (argued), Manley, Burke & Fischer, Cincinnati, Ohio, Philip S. Phillips, Gottlieb, Johnston, Beam & Dal, Ponte, Zanesville, Ohio, for plaintiff-appellant.

Frederick G. Cloppert, Jr. (argued), Cloppert, Portman, Sauter, Latanick & Foley, Columbus, Ohio, for defendants-appellees.

Before MILBURN, BOGGS and SUHRHEINRICH, Circuit Judges.

BOGGS, Circuit Judge.

Dresden Local No. 267 of the United Brotherhood of Carpenters and Joiners of America ("Local 267" or "the local") brought this action in the Court of Common Pleas of Morgan County, Ohio, charging that the Ohio Carpenters Health and Welfare Fund and its administrative manager, Joseph T. Ivan, ("Welfare Fund" or "defendants") had wrongfully paid funds belonging to the local to the South Central Ohio District Council ("SCODC" or "the district council...

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