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KAGARISE v. CUMBERLAND, MD. AREA TEAMSTERS, ETC.

No. 81-1382.

661 F.2d 19 (1981)

Robert KAGARISE, Albert E. Mountain, Pauline May, Individually and on behalf of all other persons similarly situated, Appellants, v. CUMBERLAND, MARYLAND AREA TEAMSTERS PENSION FUND, an unincorporated association.

United States Court of Appeals, Third Circuit.

Decided October 2, 1981.

Attorney(s) appearing for the Case

Samuel J. Pasquarelli (argued), Jubelirer, Pass & Intrieri, Pittsburgh, Pa., for appellants.

David L. Beck, Weis & Weis, Pittsburgh, Pa., Charles J. Streiff (argued), Wick, Vuono & Lavelle, Pittsburgh, Pa., for appellee; Lafe C. Chafin, Barrett, Chafin, Lowry & Hampton, Huntington, W. Va., of counsel.

Before GIBBONS and HUNTER, Circuit Judges, and STERN, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Robert Kagarise, Albert E. Mountain and Pauline May, claimants, respectively, for a disability pension, a retirement pension and a survivors benefit pension, appeal from a judgment in favor of Cumberland, Maryland Area Teamsters Pension Fund (the Fund) in their suit which challenged the method of calculating benefits.1 We affirm.

The Fund is a qualified pension trust organized...

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