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IUE AFL-CIO PENSION FUND v. BARKER & WILLIAMSON

Nos. 85-5385, 85-5417 and 85-5429.

788 F.2d 118 (1986)

IUE AFL-CIO PENSION FUND and Lloyd J. Hayes, John S. Vozella, James C. Vito and Peter S. Di Cicco, Trustees of the IUE AFL-CIO Pension Fund, Appellants in No. 85-5385, v. BARKER & WILLIAMSON, INC., Sentinel Electronics, Inc. and Timetco Corp. IUE AFL-CIO PENSION FUND and Lloyd J. Hayes, John S. Vozella, James C. Vito and Peter S. Di Cicco, Trustees of the IUE AFL-CIO Pension Fund v. BARKER & WILLIAMSON, INC., Sentinel Electronics, Inc. and Timetco Corp. Appeal of SENTINEL INC. ("Sentinel"). IUE AFL-CIO PENSION FUND and Lloyd J. Hayes, John S. Vozella, James C. Vito and Peter S. Di Cicco, Trustees of the IUE AFL-CIO Pension Fund v. BARKER & WILLIAMSON, INC., Sentinel Electronics, Inc. and Timetco Corp. Appeal of BARKER & WILLIAMSON, INC.

United States Court of Appeals, Third Circuit.

Decided April 10, 1986.

Attorney(s) appearing for the Case

Andre Shramenko, Fort Lee, N.J., Thomas M. Kennedy (argued), Lewis, Greenwald, Kennedy & Lewis, P.C., New York City, for appellants IUE AFL-CIO Pension Fund, Hayes Vozella, Vito and Di Cicco in No. 85-5385.

Stanley A. Epstein (argued), Linda G. Harvey, Greenberg, Dauber & Epstein, Newark, N.J., for appellant Sentinel Electronics, Inc. in No. 85-5417.

Patrick C. English, Dines & English, Clifton, N.J., for appellant Barker & Williamson, Inc., in No. 85-5429.

Before ALDISERT, Chief Judge, and SEITZ and ADAMS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Chief Judge.

This appeal presents a question under federal pension laws and requires us to decide whether the district court properly held that the appellant corporation, Sentinel Electronics, Inc., was a member of a controlled group with Barker & Williamson, Inc. ("B & W"). B & W had ceased operations and defaulted on its payments to a pension fund. The district court held that Sentinel was a member of a controlled...

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