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HERNANDEZ v. WALL

No. 86 Civ. 9891 (WK).

696 F.Supp. 52 (1988)

Rodolfo HERNANDEZ, Plaintiff, v. Shannon WALL, individually and as President of the National Maritime Union of America and as Trustee of the NMU Pension and Welfare Plans, Thomas Martinez, individually and as Secretary-Treasurer of the National Maritime Union of America and as Trustee of the NMU Pension and Welfare Plans, Louis Parise, James Patterson, Rene Lioeanjie, Andrew Rich, Alvin Zeidel, Helen Concepcion, Harold Dillon, National Maritime Union of America, NMU Pension and Welfare Plan, and NMU Realties, Inc., Defendants.

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

October 7, 1988.

Attorney(s) appearing for the Case

Wendy E. Sloan, Hall & Sloan, New York City, for plaintiff.

Ned R. Phillips, Phillips Cappiello Kalban Hoffman & Katz, P.C., New York City, for defendants.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

Plaintiff brings this action under § 301(a) of the Labor-Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185(a), alleging violations of the constitution of the National Maritime Union of America (the "Union"). The case is before us on defendants' motion to dismiss for lack of subject matter jurisdiction, lack of standing, failure to state a claim, and untimeliness. For reasons which follow...

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