PLUCINSKI v. I.A.M. NAT. PENSION FUND

No. 88-5352.

875 F.2d 1052 (1989)

Henry F. PLUCINSKI v. I.A.M. NATIONAL PENSION FUND, Perth Amboy Dry Dock Co., Perth Amboy Management Pension Fund, William T. Harth, Alfred C. Bruggeman, John Doe and Richard Roe, Defendants, Third Party Plaintiffs v. DISTRICT NO. 15, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Third Party Defendant. Appeal of I.A.M. NATIONAL PENSION FUND, Appellant. Perth Amboy Dry Dock Co., Appellee.

United States Court of Appeals, Third Circuit.

Decided May 19, 1989.


Attorney(s) appearing for the Case

Robert T. Osgood (argued), I.A.M. Nat. Pension Fund, Washington, D.C., Eugene M. Haring, McCarter & English, Newark, N.J., for I.A.M. Nat. Pension Fund.

Thomas P. Vitolo (argued), Yauch, Peterpaul, Clark & Vitolo, Springfield, N.J., for Perth Amboy Dry Dock Co.

Before SLOVITER, BECKER, Circuit Judges, and FULLAM, Chief Judge, District Court.


OPINION OF THE COURT

BECKER, Circuit Judge.

This case arises under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461 (1982). Appellant I.A.M. National Pension Fund ("IAM Fund" or "Fund") is an ERISA qualified multiemployer pension plan. See 29 U.S.C. § 1002(2)(A). Appellee Perth Amboy Dry Dock Co. ("PADD"), an employer participating in the IAM Fund, alleges that...

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