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GOVONI v. BRICKLAYERS, MASONS & PLASTERERS INTERN.

Civ. A. No. 80-627-G.

573 F.Supp. 82 (1983)

George L. GOVONI, Plaintiff, v. BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION OF AMERICA, LOCAL NO. 5 PENSION FUND and Plymouth-Home National Bank, Defendants.

United States District Court, D. Massachusetts.

October 19, 1983.

Attorney(s) appearing for the Case

Arthur J. Flamm, Flamm, Kaplan, Paven & Feinberg, Boston, Mass., for BMPIU, Local No. 5 Pension Fund.

James T. Grady, Grady & McDonald, Boston, Mass., for plaintiff.

MEMORANDUM AND SUMMARY JUDGMENT FOR DEFENDANTS

GARRITY, District Judge.

George Govoni commenced this action against the Bricklayers, Masons and Plasterers International Union of America, Local No. 5 Pension Fund ("the Fund") alleging that the partial denial of his pension application by the Fund's Board of Trustees ("the Trustees") was arbitrary and capricious, and that it violated § 203 of the Employee Retirement Security Act of

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