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MUSHALLA v. TEAMSTERS LOCAL NO. 863 PENSION FUND

No. 01-2879.

300 F.3d 391 (2002)

Russell MUSHALLA; Stella Szwast, individually and in her capacity as the Executrix of the Estate of Edward Szwast; Paul Fritzinger; Luis Garcia; Charles Fritz; Francisco Corral; Walter Boris, Jr., Appellants, v. TEAMSTERS LOCAL NO. 863 PENSION FUND.

United States Court of Appeals, Third Circuit.

Filed August 12, 2002.

Attorney(s) appearing for the Case

Stephen E. Klausner, (argued), Klausner & Hunter, Somerville, NJ, for appellant.

Vincent J. Nolan, III, (argued), Kenneth I. Nowak, Zazzali, Fagella, Nowak, Kleinbaum & Friedman, Newark, NJ, for appellee.

BEFORE: SLOVITER, FUENTES and MICHEL, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The appellants (hereafter "Employees"), members of the Teamsters Union, filed suit against Teamsters Local No. 863 Pension Fund, under the Employee Retirement Income Security Act (ERISA) of 1974, Pub.L. No. 93-406, 88 Stat. 829, 29 U.S.C. § 1001 et seq. (2002), claiming the Pension Fund violated its fiduciary duty to them by failing to disclose a proposed change in benefits prior to their retirement...

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