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VAUGHAN v. METAL LATHERS LOCAL 46 PENSION FUND

Nos. 78 Civ. 2170 (LBS), 78 Civ. 2205 (LBS), 78 Civ. 2205 (LBS).

474 F.Supp. 613 (1979)

Thomas VAUGHAN v. METAL LATHERS LOCAL 46 PENSION FUND et al. James BUDDINE v. METAL LATHERS LOCAL 46 PENSION FUND et al. William FRASER v. METAL LATHERS LOCAL 46 PENSION FUND et al.

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

June 14, 1979.

Attorney(s) appearing for the Case

Schoffman & Skovronsky, Brooklyn, N. Y., for plaintiffs; Harold Skovronsky, Brooklyn, N. Y., of counsel.

Richard H. Markowitz, New York City, for defendants.

OPINION

SAND, District Judge.

Plaintiffs,1 three disabled metal lathers, challenge a recent amendment to the Metal Lathers Local 46 Pension Fund ("Plan")2 which requires that an applicant for a disability pension earn two pension credits immediately prior to the onset of the disability. Jurisdiction is predicated on § 502(f) of the Employment Retirement Income Security Act of 1974 ("ERISA"),...

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