Legal Opinion

Toland v. McCarthy

District Court, D. Massachusetts

Decided February 27, 1980No. Civ. A. 77-2774-KPublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM

KEETON, District Judge.

I

The plaintiff filed this action in a state court seeking review of a decision by the defendants, as Trustees of the New England Teamsters and Trucking Industry Pension Fund (“Fund”), denying plaintiff’s ap plication for a “Normal Pension” upon “Early Retirement,” in 1976. Defendants, as trustees of a “pension plan” within the meaning of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq., removed to this court, invoking jurisdiction under 29 U.S.C. § 1132 and 28 U.S.C. § 1441.

The case was tried before the court without a jury, and memoranda…

2Cases cited13 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Gerald L. Currier v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1980
  5. Lillian Yanks Rehmar v. Bernard L. SmithCourt of Appeals for the Ninth Circuit · 1977

8 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Hebra A. Berry v. Ciba-Geigy CorporationCourt of Appeals for the Fourth Circuit · 1985
  2. Gaither v. Aetna Life InsuranceCourt of Appeals for the Tenth Circuit · 2004
  3. Grossmuller v. International Union, United Automobile Aerospace and Agricultural Implement Workers of America, Uaw, Local 813Court of Appeals for the Third Circuit · 1983
  4. LeFebre v. Westinghouse Electric Corp.Court of Appeals for the Fourth Circuit · 1984
  5. Gaither v. Aetna Life InsuranceCourt of Appeals for the Tenth Circuit · 2004

22 more not listed; retrieve them via the Exa API.

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