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BYRNES v. DeBOLT TRANSFER, INC.

Nos. 83-5556 and 83-5557.

741 F.2d 620 (1984)

Charles M. BYRNES, James M. Beros, William M. Cherilla, Walter Chrzan, John Puskarich, Leslie Breman, Julius R. Casali, John W. Flanigan, James H. Hutchinson, Jr., and Joseph E. Zaucha, Trustees of the Western Pennsylvania Teamsters and Employers Pension Fund v. DeBOLT TRANSFER, INC. W.F. HARDY, Charles M. Byrnes, William M. Cherilla, Michael Garnder, Steve Missonak, Joseph P. Santone, John W. Flanigan, James H. Hutchinson, Jr., John O'Connor, and Joseph E. Zaucha, Trustees of the Western Pennsylvania Teamsters and Motor Carriers Welfare Fund v. DeBOLT TRANSFER, INC. Appeal of Charles M. BYRNES, et al., Trustees of the Western Pennsylvania Teamsters and Employers Pension Fund, and W.F. Hardy, et al., Trustees of the Western Pennsylvania Teamsters and Motor Carriers Welfare Fund, No. 83-5556. Appeal of DeBOLT TRANSFER, INC., No. 83-5557.

United States Court of Appeals, Third Circuit.

Decided August 10, 1984.

As Amended August 21, 1984.

Rehearing and Rehearing Denied September 11, 1984.

Attorney(s) appearing for the Case

Charles J. Streiff (argued), Vincent P. Szeligo, Wick, Rich, Fluke & Streiff, Pittsburgh, Pa., for appellants.

Debra D. Patti (argued), MacMullan & Associates, P.C., Pittsburgh, Pa., for appellee.

Before ALDISERT, WEIS and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 11, 1984.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Plaintiffs, Charles M. Byrnes, et al., trustees of the Western Pennsylvania Teamsters and Employers Pension Fund, and W.F. Hardy, et al., trustees of the Western Pennsylvania Teamsters and Motor Carriers Fund (the Funds), appeal from a judgment of the United States District Court for the Western District of Pennsylvania. They contend that the court...

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