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TANZILLO v. LOC. U. 617, INTERN. BRO. OF TEAMSTERS

No. 84-5325.

769 F.2d 140 (1985)

TANZILLO, Andrew v. LOCAL UNION 617, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Trucking Employees of North Jersey Pension Fund, Local 617 (an unincorporated trust), and Board of Trustees of Trucking Employees of North Jersey Pension Fund, Local 617 and Marvin Zalk, Fund Administrator. Appeal of Andrew TANZILLO.

United States Court of Appeals, Third Circuit.

Decided July 29, 1985.

As Amended August 14, 1985.

Attorney(s) appearing for the Case

Michael T. Scaraggi (argued), Oransky, Scaraggi & Borg, East Orange, N.J., for appellant.

Herbert New (argued), Herbert New, P.C., Clifton, N.J., for appellee, Trucking Employees.

Paul A. Friedman (argued), Schneider, Cohen and Solomon, Jersey City, N.J., for appellee, Local 617.

Before GARTH, and HIGGINBOTHAM, Circuit Judges and McGLYNN, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge:

Andrew Tanzillo sought to receive full pension benefits from the Trucking Employees of North Jersey Pension Fund (the Fund). The Fund, after initially acknowledging Tanzillo's eligibility, rejected his claim, based on the fact that Tanzillo's former employer, Arrow Transportation, did not participate in the pension fund. Tanzillo's internal appeal to the Fund was unsuccessful. He then brought an action against Local...

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