WALLING v. BRADY

No. 96-7526.

125 F.3d 114 (1997)

Joseph R. WALLING, and other individuals similarly situated v. Edward J. BRADY; Harold R. Brohawn; John D. Daniello; William R. Hickman; Terrance M. Shannon; John W. Stewart; James R. Wahl; Alfred C. Wilson, Jr., as Trustees of the Plumbers and Pipe Fitters Local Union No. 74 Pension Fund; Plumbers and Pipe Fitters Local Union No. 74 Pension Fund, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 30, 1997.


Attorney(s) appearing for the Case

Richard L. Abbott (argued) Theisen, Lank, Mulford & Goldberg, Wilmington, DE, for Appellee Joseph R. Walling, and other individuals similarly situated.

Kent Cprek (argued), Richard B. Sigmond, Sagot, Jennings & Sigmond, Philadelphia, PA, for Appellants Edward J. Brady, Harold R. Brohawn, John D. Daniello, William R. Hickman, Terrance M. Shannon, John W. Stewart, James R. Wahl, Alfred C. Wilson, Jr., as Trustees of the Plumbers And Pipe Fitters Local Union No. 74 Pension Fund, Plumbers and Pipe Fitters Local Union No. 74 Pension Fund.

Susan K. Hoffman, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Amicus-Appellees Local Union No. 626, United Brotherhood of Carpenters & Joiners of America Pension Fund, as Plan Sponsor of Carpenters Local No. 626 Pension & Annuity Plan, Teamsters Pension Trust Fund of Philadelphia and Vicinity, Teamsters Health and Welfare Fund of Philadelphia and Vicinity, Carpenters Pension and Annuity Fund of Philadelphia and Vicinity Carpenters Health and Welfare Fund of Philadelphia and Vicinity, Steamfitters Local Union No. 420 Pension Fund, Steamfitters Local Union No. 420 Welfare Fund.

Before: COWEN, ALITO and SEITZ, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge.

Appellants appeal from the February 9, 1996, order of the district court granting summary judgment to plaintiff-appellee Joseph R. Walling and a class of persons he represents, and denying appellants' cross motion for summary judgment. Walling v. Brady, 917 F.Supp. 313 (D.Del.1996). The district court held that the Board of Trustees ("Trustees") of an ERISA-qualified...

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