Krzyston's Administrator v. Teamsters Joint Counsel No. 83

By JUDGE MARVIN F. COLE

On November 1, 1976, the parties appeared to be heard upon a general demurrer filed by both defendants, who stated that the ground upon which the demurrer was based was that the defendants under Virginia law could not be sued in the name of the trust fund, but that the proper manner to file such a suit was against the trustees of the trust fund.

The position of the defendants is to the effect that at common law an action could not be maintained against a trust and that a trust fund did not come within the scope of § 8-66 of the Code of Virginia.

Section 8-66 states the…