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ANTHONY v. RYDER TRUCK LINES, INC.

No. 79-1539.

611 F.2d 944 (1979)

Stephen ANTHONY, Appellant, v. RYDER TRUCK LINES, INC., a corporation, and Byrns Motor Express, a division of Ryder Truck Lines, Inc., and Lawrence E. Smith, Helen E. Smith, Joanne H. Wise, Robert F. Dermady, and Alex Miller, Trustees, W. T. Byrns Motor Express, Inc., Pension Trust Fund, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 27, 1979.

Attorney(s) appearing for the Case

Dona S. Kahn (argued), Harris & Kahn, Philadelphia, Pa., for appellant.

John Paul Jones (argued), Peter Reed Corbin, Jones, Corbin & Dickinson, Jacksonville, Fla., Jan E. DuBois, White & Williams, Philadelphia, Pa., for appellees Ryder Truck Lines, Inc., and Byrns Motor Express.

C. Oliver Burt, III (argued), Monteverde & Hemphill, Philadelphia, Pa., for appellees Lawrence E. Smith, Helen E. Smith, Robert F. Dermady and Alex Miller, Trustees of the W. T. Byrns Motor Express Inc., Pension Trust Fund.

Before HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

In this diversity case, the plaintiff Anthony appeals from a grant of summary judgment in favor of the defendants, Ryder Truck Lines, Inc. (Ryder), Byrns Motor Express Division (Byrns), and the Trustees of the Byrns pension fund (the Trustees). At issue is the liability of the several defendants to Anthony in connection with his rights under the Ryder pension plan and the pension plans of Byrns, Ryder's predecessor...

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