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BLAZQUEZ v. NEW YORK CITY DIST. COUNCIL, ETC.

No. 78 Civ. 2771 (CHT).

463 F.Supp. 727 (1979)

Louis BLAZQUEZ, Plaintiff, v. NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, Defendant.

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

January 12, 1979.

Attorney(s) appearing for the Case

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

Finley, Kumble, Wagner, Heine & Underberg, New York City, for defendant; Carl A. Schwarz, Jr., Raymond L. Vandenberg, New York City, of counsel.

OPINION

TENNEY, District Judge.

The plaintiff in this action is seeking retirement and/or disability benefits from the defendant New York City District Council of Carpenters Pension Fund ("Pension Fund"). The Pension Fund has moved pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure ("Rules") for dismissal of the complaint. For the following reasons, the motion is denied.

Subject Matter Jurisdiction

The...

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