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LEARY v. WESTERN UNION TELEGRAPH CO.

No. 81 Civ. 0946 (IBC).

570 F.Supp. 1384 (1983)

Franklin LEARY, Plaintiff, v. The WESTERN UNION TELEGRAPH COMPANY, et al., Defendants.

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

September 16, 1983.

Attorney(s) appearing for the Case

Hall, Clifton & Schwartz, New York City, for plaintiff Daniel E. Clifton, New York City, of counsel.

Thomas L. Morrissey, Ernest Walton, New York City, for defendant Western Union Telegraph Co.; Laurence Reich, New York City, of counsel.

Ann F. Hoffman, New York City, for defendant unions; Ann F. Hoffman, Thomas S. Adair, Adair & Goldthwaite, P.C., Atlanta, Ga., of counsel.

OPINION

IRVING BEN COOPER, District Judge.

Plaintiff seeks an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting summary judgment as to the First, Second, Third, Fourth and Fifth causes of action in the complaint. Each of the named defendants has cross-moved, pursuant to the same Rule 56, for summary judgment dismissing the complaint herein.

Subject matter jurisdiction is founded upon Section 502 of the Employee Retirement...

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