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LAMONTAGNE v. PENSION PLAN OF UNITED WIRE, METAL & MACH. PENSION FUND

No. 510, Docket 88-7703.

869 F.2d 153 (1989)

Joseph L. LAMONTAGNE, Plaintiff-Appellant, v. PENSION PLAN OF THE UNITED WIRE, METAL & MACHINE PENSION FUND, The Board of Trustees of the United Wire, Metal & Machine Pension Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 24, 1989.

Attorney(s) appearing for the Case

Edgar Pauk, (Legal Services for the Elderly, New York City), for plaintiff-appellant.

Arthur N. Lambert, New York City, for defendants-appellees (Brian M. Levy, Susan E. Jaffee, Lambert & Weiss, of counsel).

Before MESKILL, PIERCE and MINER, Circuit Judges.

PIERCE, Circuit Judge:

Joseph L. Lamontagne appeals from a judgment of the United States District Court for the Southern District of New York, Judge Mary Johnson Lowe, which dismissed his complaint on the grounds (1) that the district court lacked subject matter jurisdiction over his Employee Retirement Income Security Act ("ERISA") claims and (2) that his Taft-Hartley Act claim was time-barred. We affirm.

BACKGROUND

The Pension Plan ("the Plan"...

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