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BARNINGER v. NATIONAL MARITIME UNION

No. 72 Civ. 1494.

349 F.Supp. 803 (1972)

Samuel BARNINGER et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. NATIONAL MARITIME UNION and Board of Trustees, National Maritime Union Pension Plan, Defendants.

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

September 12, 1972.

Attorney(s) appearing for the Case

Rabinowitz, Boudin & Standard, New York City, for plaintiffs.

Abraham E. Freedman, New York City, for National Maritime Union.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for National Maritime Union Pension Plan.

MEMORANDUM

BRIEANT, District Judge.

Defendant Board of Trustees of the National Maritime Union Pension Plan has moved by notice for an order pursuant to Rule 12(b)(1), F.R.Civ.P. dismissing this action as to the defendant Board of Trustees only, on the ground that the Court lacks subject matter jurisdiction over that defendant.

The amended complaint filed June 30, 1972, asserts that plaintiffs are seamen (unlicensed personnel) on board United States...

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