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BAKERY & CONFECT. PENSION FUND v. RALPH'S GROCERY

No. 96-1095.

118 F.3d 1018 (1997)

BAKERY AND CONFECTIONERY UNION AND INDUSTRY INTERNATIONAL PENSION FUND; Board of Trustees of the Bakery and Confectionery Union and Industry International Pension Fund, Plaintiffs-Appellants, v. RALPH'S GROCERY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 9, 1997.

Attorney(s) appearing for the Case

ARGUED: Julia Penny Clark, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Appellants. William B. Irvin, Sr., McLaughlin & Irvin, Los Angeles, California, for Appellee. ON BRIEF: Alice O'Brien, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Appellants. Kenneth W. Irvin, Morrison & Foerster, Washington, D.C., for Appellee.

Before MURNAGHAN, Circuit Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges.

Reversed and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge MURNAGHAN and Senior Judge PHILLIPS joined.

OPINION

BUTZNER, Senior Circuit Judge:

The Confectionery Union and Industry International Pension Fund (Fund) and its trustees filed this suit pursuant to section 515 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1145, to recover delinquent pension fund contributions from...

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