CUTAIAR v. MARSHALL

No. 78-1380.

590 F.2d 523 (1979)

CUTAIAR, Richard, Lemon, William, Dagen, Vincent, Schurr, Maurice, and Gormley, William, as Trustees of the Teamsters Health and Welfare Fund of Philadelphia and Vicinity and as Trustees of the Teamsters Pension Trust Fund of Philadelphia and Vicinity and Schaffer, Jr., Charles J., Administrator of the Teamsters Health and Welfare Fund of Philadelphia and Vicinity and as Administrator of the Teamsters Pension Trust Fund of Philadelphia and Vicinity and Teamsters Pension Trust Fund of Philadelphia and Vicinity and Teamsters Health and Welfare Fund of Philadelphia and Vicinity v. MARSHALL, F. Ray, Secretary of Labor, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 12, 1979.


Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, Monica Gallagher, Associate Sol., Plan Benefits Security Div., Norman P. Goldberg, Counsel for Litigation, Judith Burghardt, Atty., U. S. Dept. of Labor, Washington, D. C., for the Secretary of Labor, appellant.

James J. Leyden, James D. Crawford, Nicholas N. Price, Edward Davis, James McG. Mallie, Philadelphia, Pa., for appellees; Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., of counsel.

Before ALDISERT and HUNTER, Circuit Judges, and GERRY, District Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The Secretary of Labor, responsible for enforcement of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., issued an opinion letter stating that certain transactions by the trustees of two union employee benefit plans were in violation of the Act. The trustees sought, and the district court granted, a declaratory judgment that the Secretary's letter was "null and void."...

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