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BOARD OF TRUSTEES OF BRICKLAYERS v. WETTLIN ASSOC.

No. 00-1382.

237 F.3d 270 (2001)

BOARD OF TRUSTEES OF BRICKLAYERS AND ALLIED CRAFTSMEN LOCAL 6 OF NEW JERSEY WELFARE FUND, Appellant, v. WETTLIN ASSOCIATES, INC.

United States Court of Appeals, Third Circuit.

Filed January 8, 2001.

Attorney(s) appearing for the Case

John A. Adams (Argued), Thomas J. McGoldrick, McAleese, McGoldrick, Susanin & Widman, P.C., King of Prussia, PA, Counsel for Appellant.

Roland Morris (Argued), M. Elaine Jacoby, Duane, Morris & Heckscher, LLP, Philadelphia, PA, Counsel for Appellee.

Before SLOVITER, AMBRO, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The issue in this case is whether ERISA's definition of "fiduciary" includes an entity that receives contributions from employers and awards benefits to participants pursuant to an agreement with trustees of a union welfare fund. We conclude that the allegations in plaintiff's complaint were sufficient to preclude a ruling that no fiduciary status existed as a matter of law. Accordingly, we will reverse the District...

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