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DIGIACOMO v. TEAMSTERS PEN. TRUST FUND OF PHILAD.

No. 04-3510.

420 F.3d 220 (2005)

Alfred DIGIACOMO, Appellant, v. TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY, Appellee.

United States Court of Appeals, Third Circuit.

August 24, 2005.

Attorney(s) appearing for the Case

Doris J. Dabrowski, (Argued), Philadelphia, PA, for Appellant Alfred DiGiacomo.

Susan A. Murray, (Argued), Freedman & Lorry, P.C., Philadelphia, PA, for Appellee Teamsters Pension Trust Fund of Philadelphia and Vicinity.

Before SCIRICA, Chief Judge, ALITO and GARTH, Circuit Judges.

ALITO, Circuit Judge, dissenting.

OPINION OF THE COURT

GARTH, Circuit Judge.

Alfred DiGiacomo was a member of the Teamsters Union and a participant in the Teamsters Pension Trust Fund of Philadelphia and Vicinity (the "Fund") (the appellee here). In computing DiGiacomo's accrued pension benefits, the Fund disregarded some 10.5 years of his service time rendered prior to the passage of the Employee Retirement Income Security Act of 1974 ("ERISA")...

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