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WORTHY v. NEW ORLEANS S.S. ASS'N

No. 02-31168.

342 F.3d 422 (2003)

Ray WORTHY; et al., Plaintiffs, International Longshoremen's Association, Dock Loaders and Unloaders of Freight Cars and Barges, Local 854, AFL-CIO, Plaintiff-Appellant, v. NEW ORLEANS STEAMSHIP ASSOCIATION/INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO PENSION PLAN, including welfare, vacation, holiday funds and royalty pay; New Orleans Employers International Longshoremen's Association, AFL-CIO, Pension, Welfare, Vacation and Holiday Funds, incorrectly named as "New Orleans Steamship Association International Longshoremen's Association;" American Federation of Labor and Congress of Industrial Organizations, Pension Plan including Welfare, Vacation, Holiday Funds and Royalty Pay; Richard Teissier, Trustee; C.G. Miller, Trustee; Win Niemand, Trustee; Sid Hotard, Trustee; Max Sanders, Trustee; James Campbell, Trustee; James McCleland, Trustee; Lloyd Irvin; Dwayne Boudreaux, Trustee; Mark Ellis, Trustee; Thomas R. Daniel, Administrator, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 21, 2003.

Attorney(s) appearing for the Case

Tracie J. Jackson (argued), New Orleans, LA, for Plaintiff-Appellant.

David E. Walker (argued), McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, William Lurye, Robein, Urann & Lurye, Metairie, LA, for Defendants-Appellees.

Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Ray Worthy ("Worthy"), president of the Dock Loaders and Unloaders of Freight Cars and Barges, International Longshoremen's Association, AFL-CIO ("Local 854") filed suit against the New Orleans Steamship Association/International Longshoremen's Association AFL-CIO, along with its trustees (collectively, "New Orleans Steamship" or "Association") which oversees the pension, welfare, vacation, and holiday plan for Local 854 employees ...

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