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JEFFRIES v. PENSION TRUST FUND OF PENSION

No. 99 Civ. 4174(LMM).

172 F.Supp.2d 389 (2001)

Claude JEFFRIES, on behalf of himself and all others similarly situated, Plaintiff, v. PENSION TRUST FUND OF THE PENSION, HOSPITALIZATION AND BENEFIT PLAN OF THE ELECTRICAL INDUSTRY, Defendant.

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

April 26, 2001.

Attorney(s) appearing for the Case

Charles Chehebar, Kellner, Chehebar & Deveney, New York City, Jeffrey G. Smith, Robert Abrams, Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P., New York City, for plaintiff.

Myron D. Rumeld, Proskauer Rose LLP, New York City, for defendant.

MEMORANDUM AND ORDER

McKENNA, District Judge.

Claude Jeffries ("Plaintiff") filed a complaint alleging a claim under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., against the Pension Trust Fund of the Pension, Hospitalization and Benefit Plan of the Electrical Industry ("Defendant"). Defendant moves to dismiss the complaint and plaintiff moves for class certification. For the reasons set forth...

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