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TUVIA CONVALESCENT CENTER v. NATIONAL UNION

No. 1082, Docket 83-7028.

717 F.2d 726 (1983)

TUVIA CONVALESCENT CENTER, INC., d/b/a Hilldale Convalescent Home, Plaintiff-Appellant, v. NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, A DIVISION OF RWDSU, AFL-CIO; Trustees, "1199" National Benefit Fund For Hospital and Health Care Employees; Trustees, "1199" National Pension Fund For Hospital and Health Care Employees, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 8, 1983.

Attorney(s) appearing for the Case

Sanford E. Pollack, Hewlett, N.Y. (Milman, Naness & Pollack, Hewlett, N.Y.), for plaintiff-appellant.

Jerome Tauber, New York City (Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City), for defendant-appellee Nat. Union of Hosp. and Health Care Emp., a Div. of RWDSU, AFL-CIO.

Kenneth W. Malamy, New York City (Hendler & Murray, New York City, Kenneth W. Malamy and Robert G. Post, New York City, of counsel), for defendants-appellees Trustees, "1199" Nat. Ben. Fund for Hosp. and Health Care Emp. and Trustees, "1199" Nat. Pension Fund for Hosp. and Health Care Emp.

Before KEARSE, PIERCE and PRATT, Circuit Judges.

PIERCE, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Milton Pollack, Judge, entered on December 21, 1982, 553 F.Supp. 303, granting defendants-appellees' Fed.R.Civ.P. 12(b)(1) motions to dismiss for lack of subject matter jurisdiction.

I. BACKGROUND

The plaintiff-appellant, Tuvia Convalescent...

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