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ABBOTT v. PIPEFITTERS LOCAL UNION NO. 522

No. 95-5063.

94 F.3d 236 (1996)

Tommy J. ABBOTT, et al., Plaintiffs-Appellants, v. PIPEFITTERS LOCAL UNION NO. 522 HOSPITAL, MEDICAL, AND LIFE BENEFIT PLAN; Trustees of the Pipefitters Local Union No. 522 Hospital, Medical, and Life Benefit Plan; and Joseph Warren, in his official capacity as a trustee of the Pipefitters Local Union No. 522 Hospital, Medical, and Life Benefit Plan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1996.

Attorney(s) appearing for the Case

Charles L. Berger (argued and briefed), Evansville, IN, for Tom Abbott, et al.

John D. Dyche (argued and briefed), Tachau, Maddox & Hovious, Louisville, KY, for Local 522 & 633 Plumbers Health & Welfare Benefit Plan, Local 522 & 633 Trustees of the Plumbers Health & Welfare Benefit Plan.

Before: RYAN and NORRIS, Circuit Judges; JOINER, District Judge.

JOINER, District Judge.

Plaintiffs, 147 members of Pipefitters Local 633, appeal the judgment against them in this action brought under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. Plaintiffs claim that the trustees of the welfare benefit plan to which they belonged violated two provisions of ERISA by charging plaintiffs a contribution rate higher than that charged to plan members who belonged to Local 522. The district court...

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