SHEET METAL WORKERS, LOCAL 19 v. 2300 GROUP, INC.

Nos. 90-1839, 90-1878.

949 F.2d 1274 (1991)

SHEET METAL WORKERS, LOCAL 19 and Sheet Metal Workers Welfare, Pension, Annuity, Industry, Apprentice and Vacation Funds of Local 19, Appellants in 90-1839, v. 2300 GROUP, INC., t/a TM & M Storage Specialists, Appellant in 90-1878.

United States Court of Appeals, Third Circuit.

Decided November 26, 1991.


Attorney(s) appearing for the Case

Dennis P. Walsh (argued), Spear, Wilderman, Borish, Endy, Browning & Spear, Philadelphia, Pa., for appellants/cross-appellees Sheet Metal Workers Local 19 and Sheet Metal Workers Welfare, Pension, Annuity, Industry, Apprentice and Vacation Funds of Local 19.

George B. Ditter (argued), Jenkins, Tarquini & Jenkins, Ambler, Pa., for appellee/cross-appellant 2300 Group, Inc., t/a TM & M Storage Specialists.

Before BECKER, MANSMANN and SCIRICA, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

Plaintiffs Sheet Metal Workers Local 19 ("the Union") and the Sheet Metal Workers Welfare, Pension, Annuity, Industry, Apprentice and Vacation Funds of Local 19 ("the Funds") instituted this action against 2300 Group, Inc., doing business as TM & M Storage Specialists ("TM & M"). The plaintiffs claimed that they were entitled to employee benefit fund contributions owed to the Funds and "work assessment...

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