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CARTLEDGE v. MILLER

No. 78 Civil 1232.

457 F.Supp. 1146 (1978)

Raymond E. CARTLEDGE, Martin F. Tynan, John E. Haigney and Donald E. Scaggs, as members of the Pension Plan Committee of the Pension Agreement between Clevepak Corporation, Piermont Board Mill and the United Paperworkers International Union AFL-CIO, Plaintiffs, v. The Honorable Howard MILLER, Judge of the Family Court of the State of New York, County of Rockland, Rockland County Support Collection Unit and Vivian Cozart, Defendants.

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

September 5, 1978.

Attorney(s) appearing for the Case

Ide & Haigney, New York City, for plaintiffs; John E. Haigney, Ronald M. Senio, Roy B. Simpson, Jr., New York City, of counsel.

Marc L. Parris, New City, N. Y., for defendants County of Rockland and Rockland County Dept. of Social Services; Steven L. Abel, Spring Valley, of counsel.

Louis J. Lefkowitz, New York City, for defendant Howard Miller; Donald Sticklor, New York City, of counsel.

U. S. Dept. of Justice, Washington, D. C., for Amicus Curiae; M. Carr Ferguson, Asst. Atty. Gen., Myron C. Baum, Deputy Asst. Atty. Gen., Michael J. Roach, Jo-Ann Horn, Attys., Tax Division, Washington, D. C., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This case involves the construction of the provisions of the Employee Retirement Income Security Act of 1974 ("ERISA") which prohibit the assignment or alienation of employees' pension benefits and thereby exempt such benefits from attachment or garnishment by creditors.1 The issue presented is whether there exists an implied exception to these "anti-assignment or alienation" provisions...

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