People v. Automobile Transporters Welfare Fund

Breitel, J. P.

The issue in this appeal is whether the State may impose the cost of its examination on an interstate union-employer welfare fund organized and having its sole and principal office outside the State. Involved, apart from questions of lesser significance, are Federal statutes and the assertion by the fund of a pre-emptive effect, and State statutes with an assertion of explicit exemption.

Special Term, on cross motions for judgment on the pleadings under rule 112 of the Rules of Civil Practice, granted judgment *450to defendants, that is, the welfare fund. It held that Congress, by…