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MORRISSEY v. CURRAN

No. 118 — Docket 77-7259.

567 F.2d 546 (1977)

James M. MORRISSEY and Ralph Ibrahim, Individually and on behalf of the members of the National Maritime Union of America, Plaintiffs-Appellants, v. Joseph CURRAN, as President of the National Maritime Union of America, as a trustee of the NMU Pension & Welfare Plan, and Individually, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 8, 1977.

Attorney(s) appearing for the Case

John S. Chapman, Jr., New York City (Duer & Taylor, New York City, Arthur E. McInerney, New York City, on the brief), for plaintiffs-appellants.

Ned R. Phillips, New York City (Phillips & Cappiello, New York City, on the brief), for defendants-appellees Joseph Curran, Shannon Wall, Mel Barisic, Rick S. Miller, James J. Martin and Peter Bocker.

Morton M. Maneker, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, Gail G. Sticker, New York City, on the brief), for defendants-appellees Martin F. Hickey, Edmond Marcus, W. I. Ristine, Clifford V. Rowland, Edward J. Heine, F. K. Riley, Jr. and Alvin Shapiro.

Before LUMBARD, FEINBERG and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiffs James M. Morrissey and Ralph Ibrahim, members of the National Maritime Union of America, appeal from a decision of the United States District Court for the Southern District of New York, Robert J. Ward, J., dismissing on jurisdictional grounds their amended complaint against various officers of the Union and the trustees and administrator of the NMU Pension & Welfare Plan ("the Plan"). Because we believe that under the...

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