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MARTORANA v. BD. OF TRUSTEES OF STEAMFITTERS LOCAL

No. 04-1181.

404 F.3d 797 (2005)

Michael MARTORANA, Appellant v. The BOARD OF TRUSTEES OF STEAMFITTERS LOCAL UNION 420 HEALTH, WELFARE AND PENSION FUND; Steamfitters Local Union 420

United States Court of Appeals, Third Circuit.

Filed April 14, 2005.

Attorney(s) appearing for the Case

John N. Salla, Joseph M. Armstrong (Argued), Salla & Armstrong, Philadelphia, PA, Counsel for Appellant.

Margaret M. Underwood (Argued), Jacoby Donner, Philadelphia, PA, Counsel for Appellee.

Before: SCIRICA, Chief Judge, RENDELL and FISHER, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Appellant, Michael Martorana, brought suit against the Board of Trustees of the Steamfitters Local Union 420 Health, Welfare and Pension Fund ("the Board") alleging that the Board improperly denied benefits due to him pursuant to an ERISA plan. The Board then brought a counterclaim alleging that Martorana owed $4100 in back contributions toward the cost of health care coverage from October 1994 to December 1999...

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