What is the test for an action brought by a unionized employee against a trustee of an industry retirement fund?
"New York", United States of America
The following excerpt is from Campbell v. Metropolitan Life Ins. Co., 154 N.Y.S.2d 580, 2 Misc.2d 657 (N.Y. Mun. Ct. 1956):
The case relied upon by defendant, Hoffman v. Nagler, supra, has no application to the facts at bar. That case dealt with an action brought by a union member against trustees of an industry retirement fund for payment of retirement benefits where the court (Shapiro, J.), held that the remedy of a trust beneficiary to protect and enforce his rights against a trustee are exclusively equitable.
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