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CONNELL v. TRUSTEES OF PENSION FUND

No. 96-5047.

118 F.3d 154 (1997)

Phillip J. CONNELL; Charles Nelson, Appellants, v. TRUSTEES OF THE PENSION FUND OF THE IRONWORKERS DISTRICT COUNCIL OF NORTHERN NEW JERSEY; The Northern District Council of Ironworkers, and its Constituent Local Unions.

United States Court of Appeals, Third Circuit.

Decided July 9, 1997.

Attorney(s) appearing for the Case

John A. Craner (Argued), Craner, Nelson, Satin & Scheer, P.A., Scotch Plains, NJ, for Appellants Phillip J. Connell and Charles Nelson.

Joseph R. Pagano (Argued), Jardine & Pagano, P.A., Springfield, NJ, for Appellees Trustees of the Pension Fund of the Ironworkers District Council of Northern New Jersey and the Northern District Council of Ironworkers and its Constituent Local Unions.

Before: NYGAARD, LEWIS, Circuit Judges, and SCHWARZER, Senior District Judge.

OPINION OF THE COURT

SCHWARZER, Senior District Judge.

In this appeal we are again called on to interpret the "actual knowledge" requirement in ERISA's statute of limitations in an action for breach of fiduciary duty. See 29 U.S.C. § 1113(a)(2)(A); see also Kurz v. Philadelphia Elec. Co., 96 F.3d 1544 (3d Cir.1996); International Union of Electronic Workers v. Murata Erie North America, Inc.,

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