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FAGAN v. AGREEMENT OF SHEET METAL IND. TRUST FUND

No. 94-2452.

60 F.3d 175 (1995)

Michael A. FAGAN; Reed C. Swoope; Armando Gonzales; Raymond Emmons, Jr.; James T. McQuillan, Plaintiffs-Appellants, and Sheet Metal Workers International Association, Local Union No. 27, Plaintiff, v. NATIONAL STABILIZATION AGREEMENT OF the SHEET METAL INDUSTRY TRUST FUND; Richard E. Averill; Thomas S. Eckstrom; Kenneth Loehr; Michael Martina; Arthur R. Moore; Arlan Vollman; Howard Tasaka, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 1, 1995.

Attorney(s) appearing for the Case

ARGUED: Carey Robert Butsavage, Butsavage & Associates, P.C., Washington, DC, for appellants.

Jill Petersen Baskin, Office of Gen. Counsel, Alexandria, VA, for appellees.

ON BRIEF: Marc A. Stefan, Butsavage & Associates, P.C., Washington, DC, for appellants.

Marc E. LeBlanc, Office of Gen. Counsel, Alexandria, VA, for appellees.

Before RUSSELL and WILKINS, Circuit Judges, and LIVELY, Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge LIVELY wrote the opinion, in which Judge RUSSELL and Judge WILKINS joined.

OPINION

LIVELY, Senior Circuit Judge:

The individual plaintiffs, who are members of the Sheet Metal Workers' International Association, Local Union No. 27 (Local 27), filed this class action, along with Local 27, against a sheet metal industry employee benefit plan and its administrator and trustees. The purpose of the suit was to...

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