Legal Opinion
Clark v. Industry & Local 338 Pension & Welfare Fund
District Court, S.D. New York
Decided December 6, 1984No. 83 Civ. 9298 (LFM)PublishedCited by 1 opinion
1Opinion of the Court
OPINION
MacMAHON, District Judge.
Defendant moves for summary judgment, pursuant to Rule 56, Fed.R.Civ.P. There are no material facts in issue. Defendant contends that plaintiff’s claim is barred as a matter of law under the doctrine of res judicata. Alternatively, defendant contends that under the doctrine of collateral estoppel, plaintiff may not relitigate certain issues previously determined, and, accordingly, defendant is entitled to judgment as a matter of law.
This action arises from plaintiff’s claim that he is owed past service credit under defendant’s pension plan. The trustees of…
2Cases cited9 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Algie v. RCA Global Communications, Inc.District Court, S.D. New York · 1994