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SWANSON v. U.A. LOCAL 13 PENSION PLAN

Civ. No. 90-1308L.

779 F.Supp. 690 (1991)

Oscar J. SWANSON, Plaintiff, v. U.A. LOCAL 13 PENSION PLAN, et al., Defendants.

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

July 12, 1991.

Attorney(s) appearing for the Case

Margaret A. Clemens, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for plaintiff.

Robert T. DiGuilio, Osborne, Reed, Van de Vate, Burke & Tobin, Rochester, N.Y., for defendants.

DECISION AND ORDER

LARIMER, District Judge.

This is an action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., and § 302 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 186. Defendants have moved in the alternative to dismiss the complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6), or for summary judgment pursuant to Fed.R.Civ.P. 56.

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