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SOLOMON v. KLEIN

No. 84-1762.

770 F.2d 352 (1985)

SOLOMON, Irwin as Trustee of the I.L.G.W.U. National Retirement Fund, and as Trustee of the I.L.G.W.U. Health Services Plan, and Gordon, Isaac, Trustee of the Northeast Department I.L.G.W.U. Health & Welfare Fund, Appellants, v. KLEIN, Don S. an Individual A.J.I.D., Inc. t/a Hilltop Manufacturing Co., Inc.

United States Court of Appeals, Third Circuit.

Decided August 14, 1985.

Attorney(s) appearing for the Case

Eric B. Chaikin, Stanley L. Goodman, Chaikin & Chaikin, P.C., Philadelphia, Pa., for appellants.

Peter S. Steinberger, Clayton T. Hyman, Hyman, McCarthy & Engel, Allentown, Pa., for appellee.

Before ALDISERT, Chief Judge, and STAPLETON and MANSMANN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) August 5, 1985.

OPINION OF THE COURT

ALDISERT, Chief Judge.

This appeal requires us to decide whether the holder of 50 percent of the stock of a company who was also the president and chief executive officer can be held personally liable for unpaid amounts due a retirement fund pursuant to a collective bargaining agreement between the corporation and the union. The parties have stipulated "that there is no...

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