427 F2d 719 Reynolds v. W Galbreath P

427 F.2d 719

Allie REYNOLDS, on behalf of himself, and all other former and present Major League Baseball Players similarly situated, Plaintiff-Appellant,
v.
John W. GALBREATH, Calvin Griffith, James P. Bunning and Richard Hall, as constituting the Major League Baseball Players' Pension Committee, and Charles Segar as the Major League Baseball Players' Pension Committee Administrator, Defendants-Appellees, and
Major League Baseball Players Association, Intervening Defendant-Appellee.

No. 737.

Docket 34542.

United States Court of Appeals, Second Circuit.

Argued May 1, 1970.

Decided May 18, 1970.

Appeal from an order of the United States District Court for the Southern District of New York, William B. Herlands, Judge, granting appellees' motion for summary judgment.

J. Norman Lewis, New York City (Nemeroff, Jelline, Danzig, Paley & Kaufman, New York City, of counsel), for plaintiff-appellant.

John H. Morse, New York City (Cravath, Swaine & Moore, Edward O. Byrne, Jeffrey M. Bernback, New York City, of counsel), for defendants-appellees.

Richard M. Moss, New York City, for intervening defendant-appellee.

Before HAYS, ANDERSON and FEINBERG, Circuit Judges.

PER CURIAM:

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We affirm on the basis of the late Judge Herlands' opinion in the district court (S.D.N.Y. April 20, 1969).