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VERNAU v. VIC'S MARKET, INC.

No. 89-3279.

896 F.2d 43 (1990)

Charles E. VERNAU, Sr. and Carl C. Huber, on behalf of themselves as Trustees and the other Trustees of the UFCW, Local 23 and Employers Health Fund, UFCW, Local 23 and Employers Legal Fund and UFCW, Local 23 and Employers Pension Fund v. VIC'S MARKET, INC. Appeal of Charles E. VERNAU, Sr. and Carl C. Huber, on behalf of themselves as Trustees and the other Trustees of the UFCW, Local 23 and Employers Health Fund, UFCW, Local 23 and Employers Legal Fund, and UFCW, Local 23 and Employers Pension Fund.

United States Court of Appeals, Third Circuit.

Decided February 14, 1990.

Rehearing and Rehearing Denied March 12, 1990.

Attorney(s) appearing for the Case

Joseph A. Vater, Jr. (argued), Meyer, Unkovic and Scott, Pittsburgh, Pa., for appellants.

Daniel W. Cooper (argued), Cooper and Lepore, Pittsburgh, Pa., for appellee.

Before HIGGINBOTHAM, Chief Judge, and STAPLETON and SCIRICA, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 12, 1990.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal from a grant of summary judgment in an action brought under the Employee Retirement Income Security Act and the Labor Management Relations Act. The district court held that the statute of limitations barred the claim and was not tolled because plaintiff failed to exercise reasonable diligence in discovering the claim. We will affirm...

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