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GERARDI v. PELULLO

No. 93-5217.

16 F.3d 1363 (1994)

Harry J. GERARDI; Coolidge J. Marqueen; Estate of Coolidge J. Marqueen v. Leonard A. PELULLO; David Hellhake; David Niefield; Raul Corona; Moshe Milstein; Alan Weisberger; Compton Press, Inc.; Equity Finance Group, Inc. COMPTON PRESS INC. EMPLOYEES' PROFIT SHARING RETIREMENT PLAN; Compton Press, Inc. Employees' Thrift Plan, by and through its Trustees and Administrators; Mark P. Correia; Wayne Decker; Frank Genthe, Ronald Lockwood v. GRANADA INVESTMENTS, INC.; Andrew N. Heine; Away to Travel-South, Inc.; Away to Travel-South Real Estate, Inc.; Away to Travel-South (Georgia), Inc.; Murray Schwartz; Fred A. Schwartz; Granada Investments, L.P. GRANADA INVESTMENTS, INC.; Andrew N. Heine, Third-Party Plaintiffs, v. Leonard A. PELULLO; Peter F. Pelullo; Equity Finance Group, Inc.; Fairview Financial Corporation; Global Financial Corporation; John Doe Trusts; George Hellhake; G.H. Enterprises, Inc.; Coolidge J. Marqueen; Estate of Harry J. Gerardi; David G. Hellhake; Raul Corona, Third-Party Defendants, Granada Investments, Inc., Andrew N. Heine, and Granada Investments, L.P., Appellants.

United States Court of Appeals, Third Circuit.

Decided February 3, 1994.

Attorney(s) appearing for the Case

Kenneth M. Van Deventer, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for appellees Estates of Harry J. Gerardi and Coolidge J. Marqueen.

Michael L. Rich (argued), Mary A. Powers, Cathleen M. DeMarco, Dillon, Bitar & Luther, Morristown, NJ, attorneys for appellees Trustees and Administrators of the Compton Press, Inc. Employees' Profit Sharing Plan and Compton Press, Inc. Employees' Thrift Plan.

Fredric R. Cohen (argued), Katz, Ettin, Levine & Kurzweil, Cherry Hill, NJ, attorney for appellants.

Before: SLOVITER, Chief Judge, and GREENBERG and ROTH, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This appeal arises from loans of $1,150,000 from the appellees, two pension plans established for the employees of Compton Press, Inc., to appellants, Granada Investments, Inc. (Granada Inc.), a Delaware corporation, and Andrew N. Heine, its president. The loans were evidenced by three notes, executed after the actual transfer of funds, providing for repayment of the principal with interest and costs. Granada...

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