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STUPPIELLO v. ITT AVIONICS DIV.

No. 77-1348.

575 F.2d 430 (1978)

Peter STUPPIELLO, for himself and all other men similarly situated, Local 447 International Union of Electrical, Radio and Machine Workers, AFL-CIO, Local 400 International Union of Electrical, Radio and Machine Workers, AFL-CIO and Local 1703 International Union of Electrical, Radio and Machine Workers, AFL-CIO, Appellants, v. ITT AVIONICS DIVISION and ITT Defense Communications Division, Divisions of International Telephone and Telegraph Corporation, a Maryland corporation, Defendants and Third-Party Plaintiffs, v. INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Ruth Blumrosen, Alfred W. Blumrosen, Newark, N. J., for appellant Peter Stuppiello, et al.

Sidney Reitman, Kapelsohn, Lerner, Reitman & Maisel, Newark, N. J., for appellants Local 447 Intern. Union of Elect., Radio and Machine Workers, AFL-CIO, et al.

Thomas L. Morrissey, Laurence Reich, Carpenter, Bennett & Morrissey, Newark, N. J., for appellee.

Before ROSENN and HIGGINBOTHAM, Circuit Judges, and VAN ARTSDALEN, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Peter Stuppiello brought an action under section 703(a) of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e-2(a) (the "Act"),1 charging International Telephone and Telegraph Corporation and its several divisions (the "Company")2 with sex discrimination in the operation of its employee pension plan. The district court entered summary...

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