Legal Opinion

Michael Costello v. Barry Lipsitz

Court of Appeals for the Fifth Circuit

Decided March 7, 1977No. 75-2207PublishedCited by 21 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

After more than a decade of operating under eight 1 collective bargaining agreements, each of which included a provision with almost identical wording requiring a Joint Apprenticeship and Training Trust Fund Agreement (Trust Fund Agreement) 2 conforming with § 302 of the Labor Management Relations Act of 1947, 29 U.S.C. § 186 (LMRA), a smoldering dispute between Union Trustees 3 and Employer Trustees 4 over one provision, Section 10, 5 of the 27 August 1962 Trust Agreement (Trust Agreement) reached a non-judicial impasse.

The whole thing turns on § 10 which provides…

2Cases cited26 opinions

  1. Arroyo v. United StatesSupreme Court of the United States · 1959
  2. Bricklayers, Masons and Plasterers International Union of America, Local Union No. 15, Orlando, Florida v. Stuart Plastering Company, Inc.Court of Appeals for the Fifth Circuit · 1975
  3. United States v. RyanSupreme Court of the United States · 1956
  4. Kathleen Moglia v. James GeogheganCourt of Appeals for the Second Circuit · 1969
  5. Harold W. Hinson, D/B/A Hen House Market No. 3 v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1970

21 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Sohyde Drilling & Marine Co. v. Coastal States Gas Producing Co.Court of Appeals for the Fifth Circuit · 1981
  2. Coats Co., Inc. v. Vulcan Equipment Co., Inc.District Court, N.D. Illinois · 1978
  3. Crompton-Richmond Company, Inc., Factors v. James S. BriggsCourt of Appeals for the Fifth Circuit · 1977
  4. National Stabilization Agreement of the Sheet Metal Industry Trust Fund v. Commercial Roofing & Sheet MetalCourt of Appeals for the D.C. Circuit · 1981
  5. Progress Marine, Inc. v. Foremost Insurance Company, Grand Rapids, MichiganCourt of Appeals for the Fifth Circuit · 1981

16 more not listed; retrieve them via the Exa API.

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