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AAA TRUCKING CORP. v. TEAMSTERS PENSION TRUST

Civ. A. No. 78-1723.

480 F.Supp. 579 (1979)

AAA TRUCKING CORPORATION v. TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY and Teamsters Health and Welfare Fund of Philadelphia and Vicinity.

United States District Court, E. D. Pennsylvania, Civil Division.

October 30, 1979.

Attorney(s) appearing for the Case

Herbert Burstein, Zelby, Burstein, Hartman & Burstein, New York City, Richard Rueda, Philadelphia, Pa., for plaintiff.

Thomas W. Jennings, Sagot & Jennings, Philadelphia, Pa., for defendant.

MEMORANDUM OF DECISION

McGLYNN, District Judge.

This is an action brought by plaintiff, AAA Trucking Corporation (AAA), against defendants Teamsters Pension Trust Funds and Health and Welfare Fund of Philadelphia and Vicinity (Funds), seeking a declaration of plaintiff's rights to excess contributions remitted by it to defendants from January 1970 to August 1977.

Briefly summarized the undisputed facts are as follows:

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