Legal Opinion
Boyd v. Curran
District Court, S.D. New York
Decided October 8, 1958PublishedCited by 3 opinions
1Opinion of the Court
FREDERICK van PELT BRYAN, District Judge.
Plaintiff, alleging that she is the legal widow of Robert Boyd, sues the trustees of the National Maritime Union Pension and Welfare Plan (hereinafter referred to as the Plan) to recover death benefits concededly due thereunder to the proper beneficiary of the decedent. Defendant trustees now move to dismiss the complaint, pursuant to Rule 12(b) (6), F.R. C.P., 28 U.S.C.A., for failure to state a claim, or, in the alternative, for summary judgment pursuant to Rule 56(b).
The complaint alleges, and it is admitted for purposes of this motion, that the…
2Cases cited23 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Wissner v. WissnerSupreme Court of the United States · 1950
- Bank of America National Trust & Savings Ass'n v. ParnellSupreme Court of the United States · 1956
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3Cited by3 opinions
- Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
- Brecht v. BentleyDistrict Court, S.D. New York · 1960
- National Maritime Union v. AugustineCourt of Appeals of Texas · 1970