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DEVINE v. METAL LATHERS' LOCAL 46 PENSION FUNDS

No. 1083, Docket 80-7160.

626 F.2d 235 (1980)

James DEVINE, Plaintiff-Appellant, v. METAL LATHERS' LOCAL 46 PENSION FUNDS, Metallic Lathers Union Local No. 46 and John Pregenzer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Michael T. Wolin, New York City (Stephen Kruger, New York City, of counsel), for plaintiff-appellant.

Richard H. Markowitz, New York City, of counsel for defendants-appellees.

Before LUMBARD and MULLIGAN, Circuit Judges, and SPEARS, District Judge.

PER CURIAM:

This is an appeal from a decision of the United States District Court for the Southern District of New York, Hon. Kevin T. Duffy, Judge, denying plaintiff's motion for summary judgment and granting defendants' cross motion for summary judgment. We affirm.

Plaintiff-appellant James Devine brought this action against the Metal Lathers Local 46 Pension Fund ("Plan"), John Pregenzer, the Fund's Director, and Metal Lathers Local Union 46 ("Union") challenging...

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