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MOSLEY v. NAT. MARITIME U. PENSION & WELFARE PLAN

No. 74 C 616.

451 F.Supp. 226 (1978)

Curtis MOSLEY, Plaintiff, v. The NATIONAL MARITIME UNION PENSION AND WELFARE PLAN, Albert Franco, Individually and in his capacity as Administrator of the NMU Pension & Welfare Plan, Shannon J. Wall, Individually and in his capacity as President of the NMU Pension & Welfare Plan, and Mel Barisic, Rick Miller, James J. Jartin, Peter Bocker, Andrew Rich, Martin F. Hickey, Captain F. K. Riley, Jr., Captain E. Marcus, Captain W. I. Ristine, Captain E. G. Denys, Kenneth W. Gunding, Individually and in their capacities as Trustees of the NMU Pension & Welfare Plan, Defendants.

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

May 9, 1978.

Attorney(s) appearing for the Case

Jack A. Kaplowitz, Huntington Station, N. Y., for plaintiff.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendants; Morton M. Maneker, Jeffrey A. Mishkin, and Alexander Gigante, Jr., Phillips & Cappiello, Ned R. Phillips, New York City, of counsel.

Memorandum of Decision and Order

MISHLER, Chief Judge.

The court conducted a trial on the issues reserved in its memorandum of decision rendered in response to the parties' cross motions for summary judgment (D.C., 438 F.Supp. 413). The court finds as follows:

Mosley's Work Record As A Seaman

Mosley was a member of the National Maritime Union (N.M.U.) from May, 1937

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