Legal Opinion

Hurd v. Hutnik

District Court, D. New Jersey

Decided September 23, 1976No. Civ. A. 74-899PublishedCited by 20 opinions

1Opinion of the Court

OPINION

STERN, District Judge.

The complaint in the present lawsuit was filed on June 18, 1974. It .involves a multiemployer pension fund established for the benefit of the milk drivers and dairy employees of northern New Jersey. Though the case has changed in focus and grown in size and complexity since that date, 1 it now comes before the Court for resolution of the one critical question from which all the issues flow:

When employers who have previously entered into a multi-employer pension plan find the plan too expensive to maintain, may they enter into a new agreement with the union…

2Cases cited19 opinions

  1. Smith v. Evening News Assn.Supreme Court of the United States · 1962
  2. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  3. Lewis v. Benedict Coal Corp.Supreme Court of the United States · 1960
  4. Miller v. DavisCourt of Appeals for the Sixth Circuit · 1974
  5. Gustave D. Toensing v. E. A. BrownCourt of Appeals for the Ninth Circuit · 1975

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3Cited by20 opinions

  1. Hugh Edwards v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 1988
  2. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  3. Carlsen v. Masters, Mates & Pilots Pension Plan TrustSupreme Court of New Jersey · 1979
  4. TURNER v. Local Union No. 302, International Brotherhood of TeamstersCourt of Appeals for the Ninth Circuit · 1979
  5. Raymond Hoefel v. Atlas Tack Corporation, Raymond Mahoney v. Great Northern Industries, Inc., Atlas Tack CorporationCourt of Appeals for the First Circuit · 1978

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