CENTRAL PENN. TEAMSTERS v. McCORMICK DRAY LINE

No. 95-1740.

85 F.3d 1098 (1996)

CENTRAL PENNSYLVANIA TEAMSTERS PENSION FUND; Central Pennsylvania Teamsters Health & Welfare Fund; Joseph J. Samolewicz v. McCORMICK DRAY LINE, INC.; James Webb. Central Pennsylvania Teamsters Health and Welfare Fund and Joseph J. Samolewicz, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 12, 1996.


Attorney(s) appearing for the Case

Frank C. Sabatino (argued) Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Appellants.

Craig S. Hudson (argued) Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellees.

Before: NYGAARD, SAROKIN, and ALDISERT, Circuit Judges.


OPINION OF THE COURT

SAROKIN, Circuit Judge.

This case poses the question of whether a provision in a collective bargaining agreement which establishes eligibility for employee participation in a health and welfare plan can be reformed as the result of mutual mistake by the contracting parties. Because this case involves a multiemployer plan, we conclude that reformation is not available and that third party beneficiaries to the underlying agreement are...

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