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MOLNAR v. WIBBELT

No. 85-5419.

789 F.2d 244 (1986)

Elmer MOLNAR, individually and as a trustee of Plumbers and Pipefitters Local Union 334 Education Fund and Bruce Auriemma, Raymond Benesky, James Corbett, Christopher Gibbon, Robert Keal, Joseph MacDonald, Dennis MacDonald, John F. MacDonald, Edward McLeavy, Anthony McLeavy, David Noonan and Clifford Tredway, individually and as participants and beneficiaries of Plumbers and Pipefitters Local Union 334 Pension, Welfare and Education Funds, and the Boards of Trustees of Pipefitters Local Union No. 274 Pension, Welfare and Education Funds respectively, and Boards of Trustees of Plumbers Local Union No. 14 Pension, Welfare and Education Funds, respectively v. William WIBBELT, individually and as a former trustee of Plumbers and Pipefitters Local Union 334 Pension Fund and as a trustee of Plumbers and Pipefitters Local Union 334 Welfare Fund and Education Fund respectively, and the Board of Trustees of Plumbers and Pipefitters Local Union 334 Welfare Fund, Board of Trustees Plumbers and Pipefitters Local Union 334 Education Fund, and 301 East Hanover Holding Corp., Appellants.

United States Court of Appeals, Third Circuit.

Decided April 30, 1986.

Attorney(s) appearing for the Case

John M. Esposito (argued), Sobel and Lyon, P.C., East Hanover, N.J., for appellants.

Timothy R. Hott (argued), Hott, Margolis & Hernandez, Jersey City, N.J., for appellees.

Before GIBBONS, BECKER and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

In 1977 the parent union of Plumbers and Pipefitters Local Union 334 ordered the local to merge into two new local unions. The local itself merged, but its three benefit funds — pension, welfare, and education — continued to exist as separate entities. In 1983, its pension fund merged with the pension funds of the new locals. The principal issue raised in the district court and on appeal is whether...

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