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MUSSO v. BAKER

No. 87-5323.

834 F.2d 78 (1987)

Girolemo MUSSO, Martin Gillen, John Krommenhoek, Richard Muller, Ralph Moscatello and Kenneth Dore, as Trustees of Teamsters Local # 641 Pension Fund v. James A. BAKER, III, Secretary of the Department of the Treasury, and William E. Brock, Secretary of the Department of Labor, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 2, 1987.

Rehearing and Rehearing Denied December 29, 1987.

Attorney(s) appearing for the Case

Samuel A. Alito, Jr., U.S. Atty., Irene Dowdy, Asst. U.S. Atty., Trenton, N.J., William W. Taylor, United States Department of Labor, Washington, D.C., for appellants.

D. Gayle Loftis, Chasen, Leyner, Tarrant & D'Italia, Jersey City, N.J., for appellees.

Before SEITZ, HUTCHINSON and ALDISERT, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 29, 1987.

OPINION OF THE COURT

SEITZ, Circuit Judge.

I. JURISDICTION

This is an appeal from an order of the district court granting plaintiffs-appellees' motion for summary judgment and denying a motion to dismiss the complaint. The district court had jurisdiction under section 502(e) of the Employee Retirement Income Security Act of 1974 ("ERISA"). 29 U.S.C. § 1132(a), (e), (k) (1982...

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