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MONTAGNA v. O'HAGAN

No. 75 Civ. 602.

402 F.Supp. 178 (1975)

Constantine MONTAGNA, Plaintiff, v. John T. O'HAGAN, as Fire Commissioner of the City of New York and as Chairman and Treasurer of the Fire Department Pension Fund (Article I) and the Board of Trustees of the Fire Department Pension Fund, Defendants.

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

October 23, 1975.

Attorney(s) appearing for the Case

Howard C. Fischbach, Flushing, N. Y., for plaintiff.

W. Bernard Richland, Corp. Counsel by Marian Probst, Asst. Corp. Counsel, New York City, for defendants.

MEMORANDUM AND ORDER

PLATT, District Judge.

Both parties have moved for summary judgment pursuant to FRCP 56; the plaintiff on the ground that there is no genuine issue of any material fact and that he is entitled to judgment as a matter of law, and the defendants on the ground that plaintiff's complaint is barred by the Statute of Limitations and by res judicata and/or collateral estoppel.

Jurisdiction is allegedly obtained under Title 28 United...

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