VERNAU v. FRANKSTOWN FOOD A RAMA, INC.

Civ. A. No. 84-1528.

651 F.Supp. 245 (1986)

Charles E. VERNAU, Sr., Carl C. Huber, on behalf of themselves as Trustees and the other Trustees of the U.F.C.W. Local 23 and Continuing Pension Fund, Contributing Employers Health Fund, and Contributing Employers Legal Fund v. FRANKSTOWN FOOD A RAMA, INC.

United States District Court, W.D. Pennsylvania.

December 30, 1986.


Attorney(s) appearing for the Case

Stephen J. Harris, Joseph A. Vater, Jr., Pittsburgh, Pa., for plaintiff.

Timothy P. O'Reilly, Pittsburgh, Pa., for defendant.


OPINION

GERALD J. WEBER, District Judge.

After a non-jury trial in this ERISA action for the recovery of delinquent contributions to employee benefit plans, both parties petitioned this court for an award of fees and costs under the Act. 29 U.S.C. § 1132(g).

Plaintiffs, trustees of the employee benefit trusts, had alleged that defendant corporation was the employer responsible for contributions...

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