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AZZARO v. HARNETT

No. 75 Civ. 3631 (CMM).

414 F.Supp. 473 (1976)

Harold D. AZZARO et al., Plaintiffs, v. Thomas A. HARNETT, as Superintendent of Insurance of the State of New York, Defendant.

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

June 3, 1976.

Attorney(s) appearing for the Case

Cohen, Weiss & Simon, New York City, for plaintiffs; Samuel J. Cohen, James V. Morgan, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendant; Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel.

METZNER, District Judge:

Plaintiffs move for summary judgment in this action for declaratory and injunctive relief. Plaintiffs, trustees of Bakery Drivers Local 802 Pension Fund, seek to enjoin defendant, Superintendent of Insurance of the State of New York, from pursuit of the department's inquiry into the pension benefit status of a pension fund participant. They also seek a declaration of their rights and obligations with respect to the subject matter of this action...

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