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FASE v. SEAFARERS WELFARE AND PENSION PLAN

No. 75 Civ. 1342.

432 F.Supp. 1037 (1977)

Adrian FASE, Individually and on behalf of all others similarly situated, Plaintiffs, v. SEAFARERS WELFARE AND PENSION PLAN, Joseph DiGiorgio, Individually and in his capacity as the Secretary-Treasurer of the Seafarers Welfare and Pension Plan, Price C. Spivey, Individually and in his capacity as the Administrator of the Seafarers Welfare and Pension Plan, and Fred Farnen, Lindsey Williams, Joseph DiGiorgio, Frank Drozak, E. Aubusson, Capt. Joseph Cecire, James Hayes, C. J. Bracco, William Crippen, Irving M. Saunders, in their capacity as Trustees of the Seafarers Pension Plan, Defendants.

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

June 14, 1977.

Attorney(s) appearing for the Case

David S. Preminger, Legal Services for Elderly Poor, New York City, for plaintiffs.

Carolyn Gentile, Brooklyn, N. Y., for defendants.

OPINION AND ORDER

PLATT, District Judge.

The plaintiff, Adrian Fase, is suing the defendants, Seafarers Welfare and Pension Plan ("the Plan") and various officers and trustees of the Plan, for withholding pension benefits from the plaintiff. The defendants counterclaim against the plaintiff for return of benefits already paid.

The defendants move pursuant to Rule 12 of the Federal Rules of Civil Procedure to dismiss plaintiff's action, or, alternatively...

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