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ROSEN v. HOTEL AND RESTAURANT EMP., ETC.

No. 80-1699.

637 F.2d 592 (1981)

ROSEN, Leon, Appellant v. HOTEL AND RESTAURANT EMPLOYEES & BARTENDERS UNION OF PHILA., BUCKS, MONTGOMERY AND DELAWARE COUNTIES, PA., Local 274 and Hotel and Restaurant Employees & Bartenders International Union Pension Fund and Victor P. Civatte, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 23, 1981.

Rehearing and Rehearing Denied March 20, 1981.

Attorney(s) appearing for the Case

Stanley Lebofsky (argued), Weinstein, Leonard & Lebofsky Associates, Philadelphia, Pa., for appellant.

Robert W. Costigan (argued), Costigan, Baran & Garber, Philadelphia, Pa., for Hotel & Restaurant Employees and Bartenders International Union Pension Fund.

Warren J. Borish (argued), Meranze, Katz, Spear & Wilderman, Philadelphia, Pa., for Local 274.

Before HUNTER, WEIS, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc Denied March 20, 1981.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

1. Appellant, Leon Rosen, challenges the denial of his pension application by the Hotel and Restaurant Employees and Bartenders International Union Pension Fund (hereinafter "International Fund"). The district court, 494 F.Supp. 521, ruled that the International Fund correctly denied Rosen's application...

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