Box v. Boilermaker National Health & Welfare Fund

BRADLEY, Judge.

The appeals in 1 Div. 53 and 53-A have been consolidated here as they were consolidated in the trial court, for the reason that the issues of fact and law are the same.

The matter arose as the result of suits being filed by appellees to collect moneys allegedly due them under a collective bargaining agreement. Appellees sued as third party beneficiaries to that agreement. Appellees, on August 1, 1969, filed separate complaints naming R. E. Box Steel Erection Company as defendant. Both complaints were amended on August 6, 1970 by adding two counts and changing the name of the…