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MEAGHER v. BD. OF TRUSTEES OF PENSION PLAN

No. 94 Civ. 0426 (MJL).

921 F.Supp. 161 (1995)

Patrick MEAGHER, on Behalf of the PENSION PLAN OF the CEMENT AND CONCRETE WORKERS DISTRICT COUNCIL PENSION FUND, Plaintiff, v. The BOARD OF TRUSTEES OF the PENSION PLAN OF the CEMENT AND CONCRETE WORKERS DISTRICT PENSION FUND, Defendant.

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

May 25, 1995.

Attorney(s) appearing for the Case

Edgar Pauk, Legal Services for the Elderly, New York City, for plaintiff.

Daniel J. McCarthy, Robert J. Bhend, Bisceglie & McCarthy, Newark, NJ, for defendant.

OPINION AND ORDER

LOWE, District Judge.

Before the Court is Defendants' motion to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, on the basis of res judicata and collateral estoppel. For the reasons stated below, Defendants' motion is granted.

BACKGROUND

This is not the first suit Plaintiff has brought before this Court. In December 1989, Meagher commenced...

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