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GUAY v. MASTERS, MATES & PILOTS PENSION PLAN

No. 75 Civ. 1363.

432 F.Supp. 135 (1977)

Edward J. GUAY and Lorraine K. Guay co-executors of the Estate of George A. Moura, Plaintiffs, v. The MASTERS, MATES AND PILOTS PENSION PLAN et al., Defendants.

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

May 27, 1977.

Attorney(s) appearing for the Case

Clifton Budd Burke & DeMaria by Alfred T. DeMaria, Kevin J. McGill, New York City, for plaintiffs.

Proskauer, Rose, Goetz & Mendelsohn by Bettina B. Plevan, New York City, for defendants.

OPINION

ROBERT L. CARTER, District Judge.

Defendants have moved pursuant to Rules 12(b)(6) and 56(b), F.R.Civ.P., for dismissal of the complaint or for summary judgment. Plaintiffs have cross-moved pursuant to Rule 56, F.R.Civ.P., for summary judgment. Oral argument on the motions was held May 4, 1977.

Facts

George Moura worked as a licensed deck officer in the American Merchant Marines from 1945 until 1965, at which point he retired...

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