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DAVIS v. NMU PENSION & WELFARE PLAN

No. 89 Civ. 8081 (LAP).

810 F.Supp. 532 (1992)

Martin L. DAVIS, Plaintiff, v. NMU PENSION & WELFARE PLAN, Defendant.

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

December 22, 1992.

Attorney(s) appearing for the Case

Palmeri, Gaven & Soberman by Daniel F. Gaven, New York City, for plaintiff.

Phillips Cappiello Kalban Hofmann & Katz, P.C. by Sidney H. Kalban, New York City, for defendant.

OPINION

PRESKA, District Judge.

Defendant, the NMU Pension & Welfare Plan (the "Plan"), has moved to dismiss this action on the ground that it is barred by the statute of limitations. For the reasons set forth below, the Plan's motion is denied.

I. Background

Plaintiff, Martin L. Davis ("Davis"), worked as a seaman on various ships and was a member of the National Maritime Union (the "Union") from 1944 through January 1984 when he retired...

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