District Court, E.D. New York July 8, 1982, 81 CV 1018 (Galvez v. Local 804 Welfare Trust Fund)

MEMORANDUM AND ORDER

NEAHER, District Judge.

This action is before the Court on defendants’ motion to dismiss the complaint for failure to state a claim upon which relief can be granted. F.R.Civ.P. 12(b)(6). Asserting jurisdiction under 28 U.S.C. §§ 1331 and 1332, the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132, and the Labor Management Relations Act (“LMRA”), 29 U.S.C.