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GOLD v. PENNACHIO

No. 90 Civ. 1068 (JES).

757 F.Supp. 13 (1991)

Edward W. GOLD, Richard Brown, Kenneth Richardson, and Gerard Waldron, as Employer Trustees of The Newspaper Guild of New York/The New York Pension Plan, Plaintiffs, v. Thomas PENNACHIO, Peter McLaughlin, Robert Vann, and Richard Brandow, as Guild Trustees of the Newspaper Guild of New York/The New York News Pension Plan, Defendants.

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

February 15, 1991.

Attorney(s) appearing for the Case

King & Ballow, Nashville, Tenn. (R. Eddie Wayland, Douglas R. Pierce, Charles J. Mataya, of counsel), and Jackson, Lewis, Schnitzler & Krupman, New York City (Gregory I. Rasin, New York City, Douglas R. Pierce [admitted pro hac vice], Nashville, Tenn., of counsel), for plaintiffs.

Vladeck, Waldman, Elias & Engelhard, P.C., New York City (Irwin Bluestein, Patricia McConnell, Stuart E. Bauchner, of counsel), for defendants.

OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiffs bring this action for injunctive relief to prevent defendants from proceeding with a demand for arbitration with respect to a proposal by the defendants to increase benefits payable under a pension plan. This action also seeks a judgment declaring that an increase in pension benefits is neither a subject for decision by the trustees of the plan nor a proper subject of arbitration. For the reasons that...

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