CLARK v. INDUSTRY AND LOCAL 338 PENSION

No. 83 Civ. 9298 (LFM).

598 F.Supp. 365 (1984)

William G. CLARK, Plaintiff, v. INDUSTRY AND LOCAL 338 PENSION AND WELFARE FUND, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Defendant.

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

December 6, 1984.


Attorney(s) appearing for the Case

Cohen, Weiss & Simon by Stanley M. Berman and Jani K. Rachelson, New York City, for defendant.

Jordan & Walster, Montgomery Hollow by K. Randlett Walster, Roxbury, N.Y., for plaintiff.


OPINION

MacMAHON, District Judge.

Defendant moves for summary judgment, pursuant to Rule 56, Fed.R.Civ.P. There are no material facts in issue. Defendant contends that plaintiff's claim is barred as a matter of law under the doctrine of res judicata. Alternatively, defendant contends that under the doctrine of collateral estoppel, plaintiff may not relitigate certain issues previously determined, and, accordingly, defendant is entitled to judgment...

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