McCARTHY v. MARSHALL

No. 83-1189.

723 F.2d 1034 (1983)

William J. McCARTHY, et al., Plaintiffs, Appellants, v. F. Ray MARSHALL, Secretary of the United States Department of Labor, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 28, 1983.


Attorney(s) appearing for the Case

Gabriel O. Dumont, Jr., with whom James T. Grady, and Grady, Dumont & Dwyer, Boston, Mass., were on brief, for plaintiffs, appellants.

Michael J. Roach, Atty., Tax Div., Dept. of Justice, with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Carleton D. Powell, Attys., Tax Div., Dept. of Justice, Washington, D.C., and William F. Weld, U.S. Atty., Boston, Mass., were on brief, for defendants, appellees.

Before BOWNES, Circuit Judge, and ALDRICH and COWEN, Senior Circuit Judges.


COWEN, Senior Circuit Judge.

Appellants, trustees of the New England Teamsters and Trucking Industry Pension Fund (fund), appeal from an order of the district court which granted the appellee's (government's) motion to dismiss for lack of jurisdiction. Appellants instituted this action seeking a declaration as to the meaning and application of certain sections of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq.<...

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