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NAT. CARRIERS' CONFERENCE COMMITTEE v. HEFFERNAN

Civ. No. 77-191.

440 F.Supp. 1280 (1977)

NATIONAL CARRIERS' CONFERENCE COMMITTEE et al. v. Honorable Gerald J. HEFFERNAN, Tax Commissioner of the State of Connecticut.

United States District Court, D. Connecticut.

September 29, 1977.

Attorney(s) appearing for the Case

Robert J. Engelman, Schwartz & Knight, New Haven, Conn., Benjamin W. Boley, Shea & Gardner, Washington, D. C., for plaintiffs.

Ralph G. Murphy, Asst. Atty. Gen., Hartford, Conn., for defendant.

RULING ON DEFENDANT'S MOTION TO DISMISS

NEWMAN, District Judge.

This action was brought by the National Carriers' Conference Committee (NCCC) and the eleven individual members of the committee as fiduciaries of the Railroad Employees National Dental Plan (Dental Plan) to enjoin a tax imposed by the state of Connecticut on benefits paid out under the plan. The defendant, Tax Commissioner of the State of Connecticut (Commissioner), has moved to dismiss for...

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