Bartels v. Rubel Corp.

The defendant moves for summary judgment dismissing the complaint. The plaintiff is the chairman of the Brewery Workers’ Pension Fund, and sues on its behalf. Judgment in this court was duly obtained by him in October, 1951, for upwards of $10,000 against Ebling Brewing Company, Inc., for unpaid employer contributions to the pension fund. Execution on that judgment was returned unsatisfied in April, 1952, and Ebling is no longer in business. The present action was instituted on October 24, 1952, issue was joined on November 12, 1952, and the cause was thereafter noticed for trial.

The present…