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LECHNER v. NATIONAL BENEFIT FUND, ETC.

80 Civ. 4797.

512 F.Supp. 1220 (1981)

Rae LECHNER, Plaintiff, v. NATIONAL BENEFIT FUND FOR HOSPITAL AND HEALTH CARE EMPLOYEES, John Doe, Jane Doe et al., Defendants.

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

May 1, 1981.

Attorney(s) appearing for the Case

Seifman & Lechner, P. C., Washington, D. C. and Belson, Connolly & Belson, New York City, for plaintiff.

Sipser, Weinstock, Harper, Dorn & Liebowitz, New York City, for defendants; Donald E. Klein, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

While it may well be, as the defendants contend, that this action is brought not to benefit the plaintiff or other participants in the defendants' employee welfare benefit plan (the "Plan") but to obtain fees for her lawyers, one of whom is her son, this fact should not deprive the plaintiff of her right to maintain this action if she is authorized to do so by law.

Plaintiff, a participant in the Plan, was...

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