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KIRSHNER v. UNITED STATES

No. 315, Docket 77-6104.

603 F.2d 234 (1978)

Alfred KIRSHNER, Plaintiff-Appellant, v. UNITED STATES of America, Secretary of the Treasury, Commissioner of I. R. S., Alvin D. Lurie, in his capacity as Assistant Commissioner Employer Plans and Exempt Organizations, I. R. S., Bernard Golberg, Reuben Mitchell, Joseph Shannon, Robert Christen, Victor Condello, Harrison J. Goldin, James Regan, Individually and as trustees of the Teachers Retirement System of the City of New York, and Isaiah Robinson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 30, 1978.

Rehearing and Rehearing Denied July 19, 1979.

Certiorari Denied May 29, 1979.

Attorney(s) appearing for the Case

Alfred Kirshner, appellant pro se.

Kent T. Stauffer, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., Patrick H. Barth, Asst. U.S. Atty., New York City, of counsel), for appellees U.S., Secretary of the Treasury, Com'r of I.R.S., and Alvin D. Lurie.

Leonard Koerner, New York City (W. Bernard Richland, Corp. Counsel, City of New York, James G. Greilsheimer, L. Kevin Sheridan and Judith A. Levitt, New York City, of counsel), for appellees, Trustees of Teachers Retirement System.

Before MOORE, SMITH and MANSFIELD, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 19, 1979.

Certiorari Denied May 29, 1979. See 99 S.Ct. 2821.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment dismissing an action brought by a beneficiary of a municipal pension fund against the trustees of the fund and others alleging deprivation of constitutionally protected rights, violations of the federal securities laws, and breach of fiduciary...

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