COAR v. KAZIMIR

Nos. 92-5356, 92-5359, 92-5438, 92-5439.

990 F.2d 1413 (1993)

Robert J. COAR, v. Joseph KAZIMIR, Rocco Morongello, in their capacity as Trustees of the Pension Fund — Mid Jersey Trucking Industry — Local 701; William Levine, in his capacity as Trustee of the Pension Fund — Mid Jersey Trucking Industry — Local 701; Donato DeSanti, in his capacity as Trustee of the Pension Fund — Mid Jersey Trucking Industry — Local 701; Robert Dudik, in his capacity as Trustee of the Pension Fund — Mid Jersey Trucking Industry — Local 701; Pension Fund — Mid-Jersey Trucking Industry — Local 701, Joseph Kazimir, Rocco Morongello, William Levine, Donato DeSanti and Robert Dudik, in their capacity as Trustees of the Pension Fund — Mid-Jersey Trucking Industry — Local 701 and the Pension Fund—Mid-Jersey Trucking Industry — Local 701, Appellants in Nos. 92-5356 and 92-5438. Robert J. COAR v. Joseph KAZIMIR, Rocco Morongello, in their capacity as Trustees of the Pension Fund — Mid Jersey Trucking Industry — Local 701; William Levine, in his capacity as Trustee of the Pension Fund — Mid Jersey Trucking Industry — Local 701; Donato DeSanti, in his capacity as Trustee of the Pension Fund — Mid Jersey Trucking Industry — Local 701; Robert Dudik, in his capacity as Trustee of the Pension Fund — Mid Jersey Trucking Industry — Local 701; Pension Fund — Mid Jersey Local 701, Robert Coar, Appellant in Nos. 92-5359 and 92-5439.

United States Court of Appeals, Third Circuit.

Decided April 15, 1993.

Sur Petition for Rehearing May 11, 1993.


Attorney(s) appearing for the Case

Michael R. Perle (argued), Hayden, Perle & Silber, Weehauken, NJ, for appellee-cross-appellant Robert J. Coar.

Roger B. Kaplan (argued), Wilentz, Goldman & Spitzer, Woodbridge, NJ, for appellants-cross-appellees.

Before: BECKER, GREENBERG, and WEIS, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendants Joseph Kazimir, Rocco Morongello, William Levine, Donato DeSanti, and Robert Dudik, as trustees of the Pension Fund of Mid-Jersey Trucking Local 701 (the Pension Fund), and the Pension Fund itself, together called the "Fund Defendants," appeal from the district court's order of June 23, 1992, granting summary judgment to plaintiff...

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