JACKSON v. TRUCK DRIVERS' UNION LOCAL 42

Civil Action No. 92-10242-PBS.

933 F.Supp. 1124 (1996)

Kenneth R. JACKSON, Jr., Plaintiff, v. TRUCK DRIVERS' UNION LOCAL 42 HEALTH AND WELFARE FUND, et al., Defendants.

United States District Court, D. Massachusetts.

August 7, 1996.


Attorney(s) appearing for the Case

G. Rosalyn Johnson, Lynn, MA, for Kenneth A. Jackson, Jr.

Gary S. Witlen, Paula J. Caira, International Brotherhood of Teamsters, Washington, DC, Kathryn M. Noonan, Law Office of Kathryn Noonan, Newton, MA, for International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America.

Gabriel O. Dumont, Jr., Law Offices of Gabriel Dumont, Boston, MA, for Truck Drivers, Chauffeurs & Helpers Union, Local 42, Tyrrell Consultants, Inc.

John D. Burke, Gabriel O. Dumont, Jr., Law Offices of Gabriel Dumont, Boston, MA, for Philip Morin.

John D. Burke, Law Offices of Gabriel Dumont, Boston, MA, for Truck Drivers' Union Local 42 Health & Welfare Fund.

Lawrence P. Higgins, Arlington, MA, for International Union, Health and Welfare Fund, Local 42.

David J. Hatem, Burns & Levinson, Boston, MA, for Ulico Casualty Co.

Harold Owen Beede, G. Rosalyn Johnson, P.C., Lynn, MA, for John J. Tyrrell, Jr.

John J. Tyrrell, Jr., Rockport, MA, pro se.

John F. Farraher, Grady & Dwyer, Boston, MA, Lawrence P. Higgins, Arlington, MA, Matthew E. Dwyer, Dwyer & Jenkins, Boston, MA, for New England Teamster and Baking Industry Health & Welfare Fund, Robert T. Marshall, Sandra Crane.


MEMORANDUM AND ORDER

SARIS, District Judge.

I. Introduction

Although he had always paid his health care premiums, plaintiff, Kenneth Jackson, Jr., a beneficiary of the Truck Drivers' Union Local 42 Health and Welfare Fund ("Local 42 Fund"), was denied medical benefits for a kidney transplant, renal dialysis, and related dental expenses, when the Local 42 Fund was terminated without satisfying its outstanding obligations.

As a result...

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