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TEAMSTERS PEN. TR. FUND v. JOHN TINNEY DELIV. SERV.

Nos. 82-1642, 83-1664.

732 F.2d 319 (1984)

TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY and Teamsters Health and Welfare Trust Fund of Philadelphia and Vicinity and Schaffer, Jr., Charles J. v. JOHN TINNEY DELIVERY SERVICE, INC., a/k/a John Tinney Delivery Service and Tinney, John. Appeal of TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY, Teamsters Health and Welfare Fund of Philadelphia and Vicinity and Charles J. Schaffer, Jr.

United States Court of Appeals, Third Circuit.

Decided April 12, 1984.

Rehearing and Rehearing Denied May 8, 1984.

Attorney(s) appearing for the Case

Stephen F. Ritner (argued), Thomas W. Jennings, Sagot & Jennings, Philadelphia, Pa., for appellants.

Robert S. Esposito (argued), McGill & McGreal, P.C., Philadelphia, Pa., for appellees.

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

Rehearing and Rehearing In Banc Denied May 8, 1984.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Appellants, the Teamsters Pension Trust Fund of Philadelphia and Vicinity, and the Teamsters Health and Welfare Trust Fund of Philadelphia and Vicinity (the "Trust Funds" or "Funds"), brought suit in federal court to recover employee benefit contributions owed to the Funds by John Tinney Delivery Service, Inc. ("Tinney"). The district court...

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