FASE v. SEAFARERS WELF. & PENSION PLAN

Nos. 217, 253, Dockets 77-7380 and 77-7489.

574 F.2d 72 (1978)

Adrian FASE, Individually and on behalf of all others similarly situated, Plaintiff-Appellee-Appellant, 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-Appellants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 22, 1978.


Attorney(s) appearing for the Case

David S. Preminger, Legal Services for the Elderly Poor, New York City, for plaintiff-appellee-appellant.

Carolyn Gentile, Brooklyn, N. Y., for defendants-appellants-appellees.

Before FRIENDLY, SMITH and MESKILL, Circuit Judges.


MESKILL, Circuit Judge:

On June 14, 1977, the United States District Court for the Eastern District of New York, Thomas C. Platt, Judge, granted summary judgment in favor of Adrian Fase, a permanently disabled former merchant seaman, and ordered the Seafarers Welfare and Pension Plan ("the Plan") to pay Fase retroactive disability benefits that it had previously denied him. The district court based its decision on § 302(c)(5) of the Labor-Management Relations...

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