Local No. 688, International Brotherhood v. Townsend

BLACKMUN, Circuit Judge.

Although it concerns a different trust, this declaratory judgment action, properly instituted under 28 U.S.C. § 2201 (in the light of 29 U.S.C. § 186(e)) and tried upon the pleadings and stipulated facts, comes to us from the same district court simultaneously with Blassie v. Kroger Co., 8 Cir., 345 F.2d 58. The issues here coincide with some of the issues there, so what we have said in Blassie largely governs the disposition of this litigation. There are, nevertheless, some factual distinctions which deserve mention.

Prior to February 24,1964, Saint Louis Teamsters…