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BALCH v. BD. OF TRS. OF THE PENSION FUND, LOCAL 445

187 A.D.2d 476 (1992)

Jack Balch, Respondent, v. Board of Trustees of the Pension Fund, Local 445, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 9, 1992

Ordered that the order is affirmed, with costs.

In 1985 the plaintiff was working for McLean Trucking Co. (hereinafter McLean), a company which made contributions to the defendant pension fund, which is governed by 29 USC § 1100 et seq. (Employees' Retirement Income Security Act). The plaintiff actively worked for McLean until May 4, 1985, and in August 1985 McLean granted him a six-month leave of absence due...

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