Hodges v. Holzer

RULING ON MOTION TO DISMISS

JOHN Y. PARKER, Chief Judge.

This matter is before the court on a motion by defendants, Cribbs, Hendry and Johnson1 to dismiss for failure to state a claim or alternatively for summary judgment. Plaintiffs have filed an opposition. The motion was submitted following oral argument held on November 4, 1988. Jurisdiction is allegedly based upon 28 U.S.C. § 1331.2

Plaintiffs, Arlen Hodges, Richard Loyd and Henry Ognibene, are trustees of the Sheet Metal Worker’s International Association Local Union No. 21 Welfare Trust Fund (the “Local Fund”) who have been appointed by…