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TRON v. CONDELLO

No. 76 Civ. 567 (WCC).

427 F.Supp. 1175 (1976)

Emil TRON, Individually, and as President of Association of Retired Teachers of the City of New York, Inc., on behalf of retired teachers of the City of New York, Plaintiff, v. Victor F. CONDELLO et al., Defendants.

United States District Court, S. D. New York.

December 23, 1976.

Attorney(s) appearing for the Case

Beauduy, Schramek & Hay, New York City, for plaintiff; Harold F. Hay, New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendants: Teachers' Retirement Board, its Members; Comptroller Goldin and The City of New York; James G. Greilsheimer, Judith A. Levitt, Allen F. London, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant, The Municipal Assistance Corporation for The City of New York; Martin Kleinbard, Max Gitter, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants, New York State Emergency Financial Control Board; Comptroller Arthur Levitt; Samuel A. Hirshowitz, Shirley Adelson Siegel, New York City, of counsel.

CONNER, District Judge.

This action challenging investment of New York City Teachers' Retirement funds in obligations of the Municipal Assistance Corporation for The City of New York (MAC) is before this Court on motions by defendants, pursuant to Rules 12(b)(1) or 12(b)(6), F.R.Civ.P., to dismiss both of plaintiff's claims for relief. For purposes of these motions, we are required to treat the factual allegations of...

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