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DEIBLER v. LOCAL UNION 23

No. 91-3492.

973 F.2d 206 (1992)

Harold G. DEIBLER v. UNITED FOOD AND COMMERCIAL WORKERS' LOCAL UNION 23, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 17, 1992.

Attorney(s) appearing for the Case

Richard D. Gilardi, Gilardi & Cooper, Edward J. Kabala (argued), Kabala & Geeseman, James R. Reehl, Pittsburgh, Pa., for appellant.

Pamela M. Schiller (argued), Blaufeld & Schiller, Pittsburgh, Pa., for appellee.

Before: STAPLETON and MANSMANN, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

Plaintiff-appellee Harold Deibler was employed by the defendant-appellant local union for nineteen years. Some months before he was discharged in 1985, the union terminated its longstanding severance pay policy. Deibler was subsequently denied severance pay. He brought this action under the Employee Retirement Income Security Act of 1974 (ERISA), claiming that the union was legally obligated to...

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