PARTENZA v. BROWN

No. 98 Civ. 4265(DC).

14 F.Supp.2d 493 (1998)

Lou PARTENZA, Billie Hagner, Pete Scarlatos, Lou Smith, Joe Beyers, and Dan Kane, individually, in their Capacities as Trustees of the Teamsters Joint Council No. 16 Pension Fund, and in their Capacities as Members of the Teamsters Joint Council No. 16, IBT Executive Board, and Teamsters Joint Council No. 16, Plaintiffs, v. Jasper BROWN, Joel Lefevre, Clara Levine, and Chris Silvera, Defendants.

United States District Court, S.D. New York.

July 31, 1998.


Attorney(s) appearing for the Case

Eisner & Hubbard, P.C. by K. Dean Hubbard, Jr., New York City, for Plaintiffs.

Martin & Bonnett, P.L.L.C., by Susan Martin, Phoenix, AZ, Robert H. Alpert, Jericho, NY, for Defendants.


OPINION

CHIN, District Judge.

Plaintiffs are members of the Executive Board of the Teamsters Joint Council No. 16 (the "Joint Council") who were recently appointed as Trustees of the Teamsters Joint Council No. 16 Pension Fund (the "Fund"). The incumbent Trustees, however, have refused to relinquish their positions, claiming that they have not been legally removed according to the terms of the Trust Agreement.

Plaintiffs seek a preliminary...

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