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ABBATE v. BROWNING-FERRIS INDUSTRIES

No. 84-5692.

767 F.2d 52 (1985)

ABBATE, Joseph, William Lyons, Joseph Rizzo, John Bopp, John Muse and Paul Atamia, Trustees of the Jointly Administered Fund, Local 945 International Brotherhood of Teamsters Pension Fund, Appellants, v. BROWNING-FERRIS INDUSTRIES OF ELIZABETH NEW JERSEY, INC., Browning-Ferris Industries, and John Doe and Richard Roe, said names being fictitious but intending to be the corporate officers and directors of Browning-Ferris Industries of Elizabeth New Jersey, Inc. and of Browning-Ferris Industries, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 3, 1985.

Rehearing and Rehearing Denied July 30, 1985.

Attorney(s) appearing for the Case

Ira Drogin (argued), Toni Robinson, Leaf Sternklar & Drogin, New York City, for appellants.

Kevin J. Coakley, Peter J. Pizzi, Connell, Foley & Geiser, Newark, N.J., Daryll Love, John N. Raudabaugh (argued), Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., for appellees.

Before SEITZ, WEIS and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied July 30, 1985.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiffs, the Trustees of the Jointly Administered Fund, Local 945 International Brotherhood of Teamsters Pension Fund ("trustees"), appeal from an order of the district court granting summary judgment in favor of the defendants and in consequence denying plaintiffs' cross-motion for summary judgment. Defendant Browning-Ferris Industries of Elizabeth...

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