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TEAMSTER'S L. 348 H. & W. FUND v. KOHN BEV. CO.

Nos. 83-3663, 83-3672.

749 F.2d 315 (1984)

TEAMSTER'S LOCAL 348 HEALTH AND WELFARE FUND, et al., Plaintiffs-Appellants, v. KOHN BEVERAGE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 26, 1984.

Attorney(s) appearing for the Case

Alan M. Levy (argued), Chicago, Ill., Bernard S. Goldfarb, Mark V. Webber, Goldfarb & Reznick, Cleveland, Ohio, for plaintiffs-appellants in No. 83-3672.

Harry A. Tipping, Akron, Ohio, for defendant-appellee in Nos. 83-3672 and 83-3663.

William B. Gore (argued), Claybourne, Smith, Gore & Shapiro, Akron, Ohio, for plaintiffs-appellants in No. 83-3663.

Before MARTIN and CONTIE, Circuit Judges, and PECK, Senior Circuit Judge.

CONTIE, Circuit Judge.

Plaintiffs Teamster's Local 348 Health and Welfare Fund and Central States Southeast and Southwest Areas Pension Fund appeal a district court order granting judgment for defendant, Kohn Beverage Co., in this action brought pursuant to the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1381, and 29 U.S.C. § 185(a). We reverse.

I.

On February 20, 1981, Kohn...

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