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HOOVER v. CUMBERLAND, MD., AREA TEAMSTERS PEN. FUND

No. 84-3116.

756 F.2d 977 (1985)

Kenneth HOOVER, Albert Guyton and Alex Guyer v. CUMBERLAND, MARYLAND AREA TEAMSTERS PENSION FUND Joseph Freno, James Hutchinson, William Peterson and William Lemon, Trustees of Cumberland, Maryland Area Teamsters Pension Fund Western Pennsylvania Teamsters and Employers Pension Fund (withdrawn, see order of 9/17/84) and James Beros, Charles M. Byrnes, William M. Gherilla, Walter Chrzan, John Puskarish, Leslie Breman, Julius R. Casali, John W. Flanigan, James H. Hutchinson, Jr. and Joseph E. Zaucha, Trustees of W. Pa. Teamsters and Employers Pension Fund (withdrawn per order of 9/17/84) Appeal of Kenneth S. HOOVER, et al., for themselves and the certified class.

United States Court of Appeals, Third Circuit.

Decided March 19, 1985.

Rehearing and Rehearing Denied May 6, 1985.

Attorney(s) appearing for the Case

Thomas H. Geoghegan (Argued), Despres, Schwartz & Geoghegan, Chicago, Ill., for appellants.

David L. Beck (Argued), Weis & Weis, Pittsburgh, Pa., for appellees, Cumberland, Maryland Area Teamsters Pension Fund; Frederick N. Egler, Jr., Claire A. Kimmel, Egler, Anstandig, Garrett & Riley, Pittsburgh, Pa., of counsel.

Charles J. Streiff, Wick, Rich, Fluke & Streiff, Pittsburgh, Pa., for appellees, Western Pennsylvania Teamsters and Employers Pension Fund and its Trustees; Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Richard Farber, Michael J. Roach, Tax Div., Dept. of Justice, Washington, D.C., of counsel.

J. Alan Johnson, U.S. Atty., Pittsburgh, Pa., for amicus curiae, The United States.

Before ALDISERT, Chief Judge, BECKER, Circuit Judge and CAHN, District Judge.

Rehearing and Rehearing In Banc Denied May 6, 1985.

OPINION OF THE COURT

CAHN, District Judge.

This is an appeal by plaintiffs, former participants in the Cumberland, Maryland Area Teamsters Pension Fund ("Cumberland Fund"), from a judgment of the United States District Court for the Western District of Pennsylvania holding that the adoption of a plan amendment altering the calculation of partial pension...

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