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IN RE APA TRANSPORT CORP. CONSOL. LITIGATION

Nos. 07-1050, 07-1051, 07-1052.

541 F.3d 233 (2008)

In re APA TRANSPORT CORP. CONSOLIDATED LITIGATION Teamsters Local Union No. 560, Appellant No. 07-1050 In re APA Transport Corp. Consolidated Litigation Brian Campbell; John Cronin Jr.; Andrew Imperatore; Omer Masse; Gary Pegoraro; Deborah Tetro; and Richard Yurcisin, Appellants No. 07-1051 In re APA Transport Corp. Consolidated Litigation. Teamsters Pension Trust Fund Of Philadelphia And Vicinity; Teamsters Health and Welfare Fund of Philadelphia and Vicinity; and Teamsters Local No. 470, Appellants No. 07-1052.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 29, 2008.

Attorney(s) appearing for the Case

David Grossman, Cohen, Leder, Montalbano & Grossman, Kenilworth, NJ, Counsel for Appellant, Teamsters Local Union No. 560.

John C. Lankenau, Lankenau & Miller, New York, NY, Counsel for Appellants, Brian Campbell; John Cronin Jr.; Andrew Imperatore; Omer Masse; Gary Pegoraro; Deborah Tetro; and Richard Yurcisin.

Paul A. Friedman, [Argued], Blank Rome, New York, NY, Counsel for Appellants, Teamsters Local Union No. 470; Teamsters Pension Trust Fund of Philadelphia and Vicinity; Teamsters Health and Welfare Fund of Philadelphia and Vicinity.

Keith R. McMurdy, [Argued], Fox Rothschild, New York, NY, Counsel for Appellees, APA Truck Leasing, APA Transport Corp.

Shea H. Lukacsko, Fox Rothschild, Roseland, NJ, Counsel for Appellees, APA Truck Leasing, APA Transport Corp.

Before: FUENTES, CHAGARES and ALDISERT, Circuit Judges.

OPINION

FUENTES, Circuit Judge.

APA Transport Corporation ("APA Transport") closed its facilities and terminated all of its employees on February 20, 2002. It had informed its employees of the impending shutdown and layoffs only a week earlier. Following the shutdown, a number of non-union and union employees, along with certain Employee Retirement Income Security Act ("ERISA") funds, filed suit against APA Transport and affiliated entities claiming that...

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