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EINHORN v. FLEMING FOODS OF PENNSYLVANIA, INC.

No. 00-2549.

258 F.3d 192 (2001)

William J. EINHORN, Administrator of the Teamsters Pension Trust Fund of Philadelphia & Vicinity and the Teamsters Health and Welfare Fund of Philadelphia & Vicinity, Appellant, v. FLEMING FOODS OF PENNSYLVANIA, INC.

United States Court of Appeals, Third Circuit.

Filed July 17, 2001.

Attorney(s) appearing for the Case

FRANK C. SABATINO (argued) JAMES D. CRAWFORD JONATHAN R. NADLER Schnader, Harrison, Segal & Lewis, LLP 1600 Market Street, Suite 3600 Philadelphia, PA 19103, Counsel for Appellant.

JEANNE L. BAKKER (argued) HOWARD J. BASHMAN Montgomery, McCracken, Walker & Rhoads, LLP 123 South Broad Street Philadelphia, PA 19109, Counsel for Appellee.

BEFORE: ALITO, McKEE, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

Appellant William J. Einhorn brought this action under Section 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1145, to collect contributions allegedly owed by Appellee Fleming Foods of Pennsylvania ("Fleming") to multi-employer pension and welfare funds that Einhorn administers. The District Court granted summary judgment for Fleming. Because we conclude that the relevant language of...

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